The aggravated felony definition statute states: “The term [aggravated felony] applies to an offense described in this paragraph whether in violation of Federal or State law . . . .”[128]  Therefore, convictions for violating local law, such as a city or county ordinance, that do not have applicability throughout an entire state but only within a particular political subdivision of a state, are not included in the aggravated felony definition.  When Congress expressly included convictions for listed offenses in violation of “Federal or State law,” it did not include violations of local law, and so must be deemed to have intended to exclude them.  See § 7.7(B), supra.  Congress knew how to include local law when it wished to, for example, in the domestic violence and unlawful voting grounds of deportation.[129]  In addition, aggravated felonies must be deemed to exclude convictions in violation of the law of an “Indian tribal government,” as well.  Congress specifically included violations of Indian law in the domestic violence deportation ground, but not in the aggravated felony deportation ground.[130]  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.”[131]

[128] INA § 101(a)(43), 8 U.S.C. § 1101(a)(43) (first sentence following subparagraph (U)).

[129] INA § 237(a)(2)(E)(i), 8 U.S.C. § 1227(a)(2)(E)(i), see § 7.147(B), infra; INA § 237(a)(6)(A), 8 U.S.C. § 1227(a)(6)(A).  See § 7.192(C), infra.

[130] INA § 237(a)(2)(E)(i), 8 U.S.C. § 1227(a)(2)(E)(i), see § 7.147(B), infra.

[131] U.S.S.G. § 2L1.2, Application Note 1 (emphasis supplied).

AGGRAVATED FELONY - STATE CONVICTIONS - AGGRAVATED FELONY CATEGORIES SPECIFICALLY COUCHED AS FEDERAL OFFENSES MAY NOT INCLUDE STATE CONVICTIONS
Lopez v. Gonzales, 549 U.S. ___,127 S.Ct. 638 (Dec. 5, 2006) (the language in the aggravated felony definition including certain state convictions "has two perfectly straightforward jobs to do: it provides that a generic description of "an offense . . . in this paragraph," one not specifically couched as a state offense or a federal one, covers either one, and it confirms that a state offense whose elements include the elements of a felony punishable under the CSA is an aggravated felony.").

     Footnote 6 in Lopez indicates that INA 101(a)(43)(B) -- the drug trafficking crime prong -- indicates some state convictions are included as drug trafficking crimes in 18 U.S.C. 924(c)(2) and therefore in 101(a)(43)(B), but that's a separate question from the question whether the sentence at the foot of 101(a)(43) after (U) means that all the aggravated felony categories, even those defined by reference to a specific federal statute, include state analogues. The post-U language can be explained as necessary to clarify that (B) includes some state offenses, and that the generic "murder"-type offenses include state offenses, without forcing the conclusion that the offenses defined in terms of specific federal statutes include state analogues as well. Can you really say that a state offense is "described in" a federal statute? There is a perfectly good plain meaning argument that it is not.

Other

CONVICTION - JURISDICTION
Congress knows how to identify specific jurisdictions when it wishes to do so. For example, Congress recently provided, with respect to a specific new statute, that "The term `jurisdiction' means any of the following: (A) A State. (B) The District of Columbia. (C) The Commonwealth of Puerto Rico. (D) Guam. (E) American Samoa. (F) The Northern Mariana Islands. (G) The United States Virgin Islands. (H) To the extent provided and subject to the requirements of section 127, a federally recognized Indian tribe." The Adam Walsh Child Protection and Safety Act of 2006, H.R. 4472, Pub. L. 109-248, 111(10) (July 27, 2006).