Criminal Defense of Immigrants

The domestic violence conviction ground of deportation covers a victim who “is protected from that individual’s acts under the domestic or family violence laws of the United States or any State, Indian tribal government, or unit of local government.”[63]  A conviction under foreign law is not listed here, and is therefore not included as a ground of deportation.  Congress knew how to include foreign convictions when it wished to do so, but it did not do so here.[64] 

[63] INA § 237(a)(2)(E)(i), 8 U.S.C. § 1227(a)(2)(E)(i) (emphasis supplied).

[64] E.g., INA § 101(a)(43), 8 U.S.C. § 1101(a)(43) (sentence following subparagraph U) (“The term [aggravated felony] applies to an offense described in this paragraph whether in violation of Federal or State law and applies to such an offense in violation of the law of a foreign country for which the term of imprisonment was completed within the previous 15 years.”) (emphasis supplied).