Safe Havens

For nearly all grounds of deportation, there is an argument that when Congress expressly included the non-substantive offenses of attempt and conspiracy, it in effect excluded all other non-substantive offenses, such as aiding and abetting, accessory after the fact, misprision of a felony, solicitation, and other non-substantive offenses.  See § § 7.8-7.13, supra.

            Unlike most conviction-based grounds of deportation,[1143] the domestic violence conviction ground of deportation lists only certain substantive offenses as triggering deportation and does not list attempt or conspiracy to commit those offenses as also triggering deportation.  Since Congress clearly knew how to do so when it wished, the only possible inference is that convictions of attempt or conspiracy to commit listed domestic violence offenses do not trigger deportation under this ground.  See § 7.7(B), supra; Appendix H, infra.

            A “crime of domestic violence” incorporates the definition of “crime of violence” at 18 U.S.C. § 16, and on the face of the statute § 16(a) includes attempt but not conspiracy.  Therefore, the only inclusion of attempt offenses would be those domestic violence offenses included under § 16(a).  The deportation ground does not list attempt or conspiracy to commit the other offenses, which are stalking and child abuse, neglect, or abandonment.

[1143] See Appendix H, infra.