Criminal Defense of Immigrants

The aggravated felony definition includes convictions under “Federal or State law and . . . foreign law.”[106] The maxim of statutory interpretation, “expressio unius est exclusio alterius,” means that where a statute lists the items to which it applies, “all omissions should be understood as exclusions.”[107]  Therefore, a statute that specifies a ground of deportation, and which lists certain jurisdictions as producing convictions that fall within the ground of deportation, will be interpreted as excluding other jurisdictions which are not listed.  Convictions in unlisted jurisdictions, i.e., convictions which are not entered under federal, state, or foreign law, are therefore not aggravated felonies.  This includes convictions under local law, tribal law in the United States, and perhaps U.S. military law.  See § 7.26, supra.

[106] INA § 101(a)(43), 8 U.S.C. § 1101(a)(43).

[107] N. Singer, Statutes and Statutory Construction § 47:23, p. 307 (6th ed. 2002).