Several sections of the immigration statute that impose penalties for a conviction specifically include conspiracy and attempt to commit the offense. These include the definition of aggravated felony, the ground of inadmissibility and deportability relating to a controlled substance conviction, and the firearms deportation ground. INA 101(a)(43)(U), 8 U.S.C. 1101(a)(43)(U).      Attempt and conspiracy are not specifically listed in the domestic violence deportation ground, which could give rise to an argument that such convictions do not cause deportability under that ground. See INA 237(a)(2)(E), 8 USC 1227(a)(2)(E). A "crime of domestic violence" incorporates the definition of "crime of violence" at 18 USC 16, and on the face of the statute 16(a) includes attempt but not conspiracy. The deportation ground does not list attempt or conspiracy to commit the other offenses, which are stalking and child abuse, neglect, or abandonment.      Until 1994, the firearms ground of deportability also did not explicitly include conspiracy or attempt. The BIA therefore held that, at that time, conspiracy to commit a firearms offense was not a basis for deportation Matter of Hou, 20 I. & N. Dec. 513 (BIA 1992) (conspiracy to possess a firearm is not deportable offense because the firearms deportation ground, unlike several other grounds for deportation or inadmissibility, does not explicitly include conspiracy as a basis for deportation).       Regarding crimes involving moral turpitude, conspiracy and attempt are held to take on the character of the principal offense.

jurisdiction: 
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