Criminal Defense of Immigrants

An aggravated felony includes a conviction under 50 U.S.C. § 421 (relating to protecting the identity of undercover agents or undercover intelligence agents).[889]  The disclosure of sensitive information aggravated felony category includes in the definition:

(L) an offense described in--

. . .

(ii) section 421 of Title 50 (relating to protecting the identity of undercover intelligence agents); or

(iii) section 421 of Title 50 (relating to protecting the identity of undercover agents);[890]

Congress obviously meant every word in these parentheticals to have significance, since it twice referred to the same statute, with two parentheticals listing different types of agents.  It is impossible for Congress to have meant the parenthetical just to be a label for the statute, or it would not have needed to include two separate subdivisions each referring to a different portion of the same statute.[891]

[889] INA § § 101(a)(43)(L)(ii), (iii), 8 U.S.C. § § 1101(a)(43)(L)(ii), (iii).

[890] INA § § 101(a)(43)(L)(ii), (iii), 8 U.S.C. § § 1101(a)(43)(L)(ii), (iii) (emphasis supplied).

[891] See § 16.37, supra.