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).

CONVICTION - DEPORTATION - FOREIGN CONVICTIONS - CONGRESS EXCLUDED FOREIGN CONVICTIONS FROM CONVICTIONS TRIGGERING DEPORTATION, EXCEPT WHERE IT EXPRESSLY PROVIDED OTHERWISE
Small v. United States, ___ U.S. ___ (April 26, 2005) (18 U.S.C. 922(g)(1), which prohibits a person who has been "convicted in any court" from possessing a firearm, encompasses only domestic, not foreign, convictions), abrogating United States v. Atkins, 872 F.2d 94, 96 (4th Cir. 1989), and United States v. Winson, 793 F.2d 754, 757-759 (6th Cir. 1986).
http://laws.findlaw.com/us/000/03-750.html       In Small v. United States, ___ U.S. ___ (April 26, 2005), the United States Supreme Court held that 18 U.S.C. 922(g)(1), which prohibits a person who has been "convicted in any court" from possessing a firearm, encompasses only domestic, not foreign, convictions. This suggests an argument that Congress excluded foreign convictions from those convictions which trigger deportation, except where it expressly provided otherwise.      For aggravated felonies, for example, foreign convictions falling within the aggravated felony definition were expressly listed by Congress as constituting aggravated felonies, but only if the term of imprisonment was completed within the previous 15 years. INA 101(a)(43), 8 U.S.C. 1101(a)(43). Foreign convictions not meeting this test do not fall within the definition.      There is an argument that no foreign conviction can trigger deportability. Congress certainly knew how to provide for the effects of foreign convictions if it wished to do so. Safe Havens 4.35(A). For example, immigration law expressly provides that a noncitizen convicted of or who admits committing a violation of state law, federal law, or any law or regulation of "a foreign country relating to a controlled substance . . . is inadmissible." INA 212(a)(2)(A)(i)(II), 8 U.S.C. 1182(a)(2)(A)(i)(II) ("[A]ny alien convicted of, or who admits having committed, or who admits committing acts which constitute the essential elements of -- (II) a violation of (or a conspiracy or attempt to violate) any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in section 802 of Title 21), . . . is inadmissible.").      Moreover, the U.S. Sentencing Guidelines define "felony" to include "any federal, state or local offense punishable by imprisonment for a term exceeding one year." U.S.S.G. 2L1.2, Application Note 1. As the Supreme Court pointed out, this does not include foreign convictions.      Additionally, the Controlled Substances Act defines a "felony drug offense" as "an offense that is punishable by imprisonment for more than one year under any law of the United States or of a State or foreign country." 21 U.S.C. 802(44). See Safe Havens 7.22(E).      The domestic violence conviction ground of deportation covers a victim who "is protected from that individuals acts under the domestic or family violence laws of the United States or any State, Indian tribal government, or unit of local government." INA 237(a)(2)(E)(i), 8 U.S.C. 1227(a)(2)(E)(i) (emphasis supplied). A conviction under foreign law is not listed here, and is therefore not included as a ground of deportation. Congress certainly knew how to include foreign convictions when it wished to do so. E.g., INA 101(a)(43)(U), 8 U.S.C. 1101(a)(43)(U) (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).      The unlawful voting deportation ground lists only voting in violation of federal, state, or local law, so Congress in effect excluded voting in violation of foreign law from this ground of deportation. See Safe Havens 7.16, 7.192.      Noncitizens are deportable who have, outside the United States, committed, ordered, incited, assisted, or otherwise participated in the commission of, under color of law of any foreign nation, any extrajudicial killing, as defined in Torture Victim Protection Act of 1991, 3(a), 28 U.S.C. 1350 note. INA 237(a)(4)(D), 8 U.S.C. 1237(a)(4)(D), referencing INA 212(a)(3)(E)(iii)(II).      With respect to any conviction-based ground of deportation that does not expressly include foreign convictions, there is an excellent argument that Congress did not include them within the ground of deportation. All grounds of deportation, that are based on convictions, provide that only convictions received "after admission" trigger deportation. See Safe Havens 4.34.      There is no express language including foreign convictions within those convictions that trigger deportation. This gives rise to an argument that foreign convictions cannot trigger deportation. This makes sense because when someone is seeking admission to the United States, any convictions are likely to have been suffered in foreign lands. Similarly, it would be unfair to allow any such convictions that did not trigger inadmissibility when the noncitizen was admitted to the United States to trigger deportation later. Therefore, it makes sense for Congress to have omitted a provision that foreign convictions trigger deportation.      In addition, in general, a conviction must have occurred "after the date of admission" in order to trigger deportation. The statute defining grounds of deportation, INA 237(a), provides that noncitizens "admitted to the United States" shall be deportable if they fall within one or more specified classes of deportable noncitizens. INA 237(a)(2)(A)(i)(I), 8 U.S.C. 1227(a)(2)(A)(i)(I) (conviction of crime of moral turpitude); INA 237(a)(2)(A)(ii), 8 U.S.C. 1227(a)(2)(A)(ii) (multiple convictions of crimes of moral turpitude "at any time after admission"); INA 237(a)(2)(A)(iii), 8 U.S.C. 1227(a)(2)(A)(iii) (aggravated felony "at any time after admission"); INA 237(a)(2)(B)(i), 8 U.S.C. 1227(a)(2)(B)(i) (controlled substances conviction "at any time after admission"); INA 237(a)(2)(B)(ii), 8 U.S.C. 1227(a)(2)(B)(ii) (drug abuser or addict who is or "at any time after admission has been" convicted); INA 237(a)(2)(C), 8 U.S.C. 1227(a)(2)(C) (firearms conviction). Many specific statutory grounds of deportation also expressly require a conviction after admission to the United States. E.g., INA 237(a)(2)(A)(i)(I), 8 U.S.C. 1227(a)(2)(A)(i)(I) (conviction of crime of moral turpitude); INA 237(a)(2)(A)(ii), 8 U.S.C. 1227(a)(2)(A)(ii) (multiple convictions of crimes of moral turpitude "at any time after admission"); INA 237(a)(2)(A)(iii), 8 U.S.C. 1227(a)(2)(A)(iii)(aggravated felony "at any time after admission"); INA 237(a)(2)(B)(i), 8 U.S.C. 1227(a)(2)(B)(i)(controlled substances conviction "at any time after admission"); INA 237(a)(2)(B)(ii), 8 U.S.C. 1227(a)(2)(B)(ii) (drug abuser or addict who is or "at any time after admission has been" convicted); INA 237(a)(2)(C), 8 U.S.C. 1227(a)(2)(C)(firearms conviction "at any time after admission"); INA 237(a)(2)(E)(i), 8 U.S.C. 1227(a)(2)(E)(i)(domestic violence conviction "at any time after admission"). Because a deportable conviction must occur after admission to the United States, there is every reason to believe that Congress was considering convictions suffered within the United States when it defined the conviction-based grounds of deportation.      Because of the serious consequences of deportation, this ambiguous legislation must be construed in favor of the noncitizen. See Safe Havens 5.25.