Safe Havens

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).