Safe Havens

There are some limitations upon the recognition of foreign convictions for immigration purposes.[71]  In particular, a foreign conviction for conduct not deemed criminal under United States law does not trigger deportation.  See § 4.35(A), infra.  For some grounds of deportation, there is an argument that no foreign conviction can trigger deportability, since congress certainly knew how to provide for the effects of foreign convictions if it wished to do so.  See § 4.35(A), infra.  For other differences in the deportability of state or federal convictions, and foreign convictions, see § 4.35, infra.

[71] See K. Brady, california criminal law and immigration (2004), Chapter 2, and discussion in D. Kesselbrenner & L. Rosenberg, Immigration Law and Crimes § 2.2 (2004).