Safe Havens

(J)  Foreign Conviction of Member of U.S. Armed Forces.  The BIA ruled that a noncitizen’s conviction in a foreign court while serving in the U.S. military overseas does not trigger deportability.[346]  The elimination of judicial recommendations against deportation by the Immigration Act of 1990 may have undermined the reasoning of this decision.[347] 

[346] Matter of Gian, 11 I. & N. Dec. 242 (BIA 1965) (conviction by a French criminal court while serving overseas as a member of the United States Army may not serve as a basis for deportation under INA § 241(a)(4), 8 U.S.C. § 1231(a)(4), since the French court lacked authority to make a binding recommendation against deportation).  See also Costello v. INS, 376 U.S. 120 (1964). 

[347] Immigration Act of 1990, Pub. L. No. 101-649, § § 505, 602, 104 Stat. 4478, 5050, 5077.  See generally C. Gordon, S. Mailman, & S. Yale-Loehr, Immigration Law and Procedure § 71.05[1][e][ii] (2004).