Criminal Defense of Immigrants

(C)  State Convictions Not Included.  This deportation ground is triggered only by a federal criminal conviction for violating 18 U.S.C. § 2250, since a state conviction of failure to register as a sex offender is not a “conviction under” 18 U.S.C. § 2250.  Congress specifically used the phrase “convicted under,” rather than any broader language, such as “described in,” “related to,” “involving” or “defined in” 18 U.S.C. § 2250.[148]  Congress also failed specifically to provide that a state conviction could trigger this ground of deportation.[149]  Thus, the plain language of the statutory ground of deportation includes only federal convictions of violating this specific statute.[150] 

[148] See § 16.36, infra.

[149] Compare INA § 101(a)(43), 8 U.S.C. § 1101(a)(43) (“The term [aggravated felony] applies to an offense described in this paragraph whether in violation of Federal or State law . . . .]).

[150] See Leocal v. Ashcroft, 543 U.S. 1, 125 S.Ct. 377 (2004) (looking to plain language of INA).