Aggravated Felonies
§ 3.15 F. Of Attempt, Conspiracy, or Commission of a Substantive Criminal Offense
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The aggravated felony deportation ground lists dozens of substantive criminal offenses.[123] It also specifically lists “attempt and conspiracy to commit an offense described in this paragraph” as falling within the aggravated felony definition.[124] This specific listing of two non-substantive offenses, attempt and conspiracy, gives rise to the argument that Congress did not include other similar non-substantive offenses since it did not list them in the aggravated felony statute. See § 3.48, infra. Other non-substantive generic offenses that are similar to attempt and conspiracy, in that they apply to all substantive offenses, include: (a) accessory after the fact, (b) aiding and abetting, (c) facilitation, (d) misprision of a felony, (e) solicitation, and (f) other non-substantive offenses. See § § 3.48-3.54, infra.
[123] INA § 101(a)(43), 8 U.S.C. § 1101(a)(43).
[124] INA § 101(a)(43)(U), 8 U.S.C. § 1101(a)(43)(U).
