Immigrants convicted of a crime defined by immigration law as an aggravated felony are deportable.
When the concept of aggravated felony was first introduced in 1988, only the crimes of murder, drug trafficking and firearms trafficking constituted aggravated felonies. Since that time, however, the definition of aggravated felony has been significantly expanded. Furthermore, the new expanded definition is retroactive. This section provides for a form of relief from deportation for long term lawful permanent residents who have committed a crime. If the applicant can establish these factors, the immigration judge, in his or her discretion, can decide not to deport the applicant.