Aggravated Felonies



 
 

§ 3.50 B. Aiding and Abetting

 
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An aider and abettor to a crime is punished as a principal.[367]  In drafting the Immigration and Nationality Act, Congress chose explicitly to include “aiding and abetting” an offense within some grounds of removal,[368] but did not do so for others.


[367] See, e.g., 18 U.S.C. § 2.

[368] E.g., INA § 212(a)(2)(C)(i), 8 U.S.C. § 1182(a)(2)(C)(i) (reason to believe ground of inadmissibility applies not only to illicit traffickers in a controlled substance, but also to a person who “is or has been a knowing aider, abettor, assister, conspirator or colluder with others in the illicit trafficking . . . .”) (emphasis supplied).

Updates

 

AGGRAVATED FELONY - THEFT OFFENSE - AUTO THEFT - AIDING AND ABETTING
Gonzales v. Duenas-Alvarez, ___ U.S. ___, 2007 WL 98723 (Jan. 17, 2007) (California conviction of unlawful taking of a vehicle, in violation of Vehicle Code 10851(a), constituted theft offense aggravated felony, under INA 101(a)(43)(G), 8 U.S.C. 1101(a)(43)(G), since the crime of "aiding and abetting" a theft offense is included within the substantive offense).

 

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