(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).

DEPORTATION " SEX OFFENDER REGISTRATION VIOLATIONS
Nichols v. United States, ___ U.S. ___, 136 S.Ct. 1113 (Apr. 4, 2016) (sex offender was not required under the federal Sex Offender Registration and Notification Act, 42 U.S.C. 16911(1), 16913(a), (c), to update his registration in Kansas once he left his home and moved to the Philippines, since SORNA did not apply to residents of foreign countries); abrogating United States v. Murphy, 664 F.3d 798 (10th Cir. Dec. 23, 2011). http://www.supremecourt.gov/opinions/15pdf/15-5238_khlo.pdf

Ninth Circuit

DEPORTATION GROUNDS " FAILURE TO REGISTER AS A SEX OFFENDER " FEDERAL CONVICTION ELEMENTS
United States v. Cabrera-Gutierrez, ___ F.3d ___, 2013 WL 2378574 (9th Cir. Jun. 3, 2013) (Congress has the authority to require a convicted sex offender who traveled interstate to register as a sex offender)

DEPORTATION " CONVICTION " FEDERAL " FAILURE TO REGISTER AS A SEX OFFENDER " SORNA APPLIES RETROACTIVELY
United States v. Mattix, 694 F.3d 1082 (9th Cir. Sept. 17, 2012) (the Sex Offender Registration and Notification Act applied retroactively to defendant at the time he failed to register as a sex offender).

DEPORTATION " FEDERAL SEX OFFENDER REGISTRATION " RETROACTIVITY
United States v. Elkins, 683 F.3d 1039 (9th Cir. Jun. 14, 2012) (applying SORNA to defendant based on his state conviction as a juvenile sex offender is not punitive, and therefore not a violation of the Ex Post Facto Clause of the U.S. Constitution).

DEPORTATION " FEDERAL CONVICTION OF FAILURE TO REGISTER AS A SEX OFFENDER " ELEMENTS " NO REQUIREMENT GOVERNMENT PROVE THAT THE DEFENDANT KNEW OF REGISTRATION REQUIREMENT
United States v. Crowder, 656 F.3d 870 (9th Cir. Aug. 30, 2011) (affirming federal conviction for failing to register as a sex offender pursuant to the Sex Offender Registration and Notification Act (SORNA), 18 U.S.C. 2250(a), where the government is not required to prove that a defendant knew that SORNA imposed a registration requirement in order to sustain a conviction under the statute).