(A)  General Argument.  Congress clearly knew how to specify that solicitation falls within a ground of deportation, since it expressly listed solicitation or offering to commit an offense, which is equivalent,[425] as part of a number of different grounds of inadmissibility and deportation.  See generally Appendix F, infra.  Solicitation is expressly listed in the following grounds of inadmissibility: the Multiple Conviction ground,[426] the Terrorist Conduct ground,[427] the Genocide Conduct ground,[428] and the Alien Smuggling Conduct ground.[429] In addition, Congress included solicitation in a number of other grounds of deportation: the Alien Smuggling Conduct ground,[430] the sale portion of the Firearms ground,[431] the Terrorist Conduct ground,[432] and the Genocide Conduct ground.[433]  Soliciting convictions (i.e., convictions of offering to commit a certain offense)[434] are not expressly included in any other ground of deportation.  Congress specifically listed as eligible for a U visa immigrants who have suffered physical or mental abuse as a result of a long list of criminal offenses, or attempt, conspiracy or solicitation to commit one of these offenses.[435]  Therefore, solicitation offenses are not included in any aggravated felony category.

[425] United States v. Rivera-Sanchez, 247 F.3d 905 (9th Cir. 2001).

[426] INA § 212(a)(2)(B), 8 U.S.C. § 1182(a)(2)(B) (all “offenses”).

[427] INA § 212(a)(3)(B)(iv)(V)(aa), 8 U.S.C. § 1182(a)(3)(B)(iv)(V)(aa) (“to solicit any individual – (aa) to engage in conduct otherwise described in this clause”).

[428] INA § 212(a)(3)(B)(i), 8 U.S.C. § 1182(a)(3)(B)(i) (“ordered, incited, assisted, or otherwise participated in”).

[429] INA § 212(a)(6)(E)(i), 8 U.S.C. § 1182(a)(6)(E)(i) (“knowingly has encouraged, induced, assisted, abetted, or aided any other alien to enter or try to enter”).

[430] INA § 212(a)(1)(E)(i), 8 U.S.C. § 1182(a)(1)(E)(i) (“knowingly has encouraged, induced, assisted, abetted, or aided any other alien to enter or to try to enter the United States in violation of law”).

[431] INA § 237(a)(2)(C), 8 U.S.C. § 1227(a)(2)(C) “offering for sale . . . or of attempting or conspiring to purchase, sell, offer for sale [etc.]”).  Offering to sell is the same as soliciting the sale of.  United States v. Rivera-Sanchez, 247 F.3d 905 (9th Cir. 2001).

[432] This is defined by reference to the analogous ground of inadmissibility.  INA § 237(a)(4)(B), 8 U.S.C. § 1227(a)(4)(B).  This ground of inadmissibility includes solicitation.  INA § 212(a)(3)(B)(iv)(V)(aa), 8 U.S.C. § 1182(a)(3)(B)(iv)(V)(aa) (“to solicit any individual – (aa) to engage in conduct otherwise described in this clause”)

[433] INA § 237(a)(4)(D), 8 U.S.C. § 1237(a)(4)(D), referring to INA § 212(a)(3)(E)(ii), 8 U.S.C. § 1182(a)(3)(E)(ii) (committed, ordered, incited, assisted, or otherwise participated in the commission of any listed act).

[434] United States v. Rivera-Sanchez, 247 F.3d 905 (9th Cir. 2001).

[435] INA § 101(a)(15)(U), 8 U.S.C. § 1101(a)(15)(U) (emphasis supplied).

Seventh Circuit

AGGRAVATED FELONY - SEXUAL ABUSE OF A MINOR - SOLICITATION OF INDECENT SEX ACT
Sharashidze v. Gonzales, ___ F.3d ___, 2007 WL 777666 (7th Cir. March 16, 2007) (Illinois conviction of misdemeanor indecent solicitation of a sex act, under 720 ILCS 5/11-14.1 ["offers a person not his or her spouse any money, property, token, object, or article or anything of value to perform any act of sexual penetration as defined in Section 12-12 of this Code, or any touching, or fondling of the sex organs of one person by another person for the purpose of sexual arousal or gratification]," constituted sexual abuse of a minor aggravated felony under INA 101(a)(43)(A), 8 U.S.C. 1101(a)(43)(A), because it involved a minor, thus rendering Sharashidze deportable under INA 237(a)(2)(A)(iii), 8 U.S.C. 1227(a)(2)(A)(iii), where the complaint stated that he "offered Evelyn M. Aguila[,] a person not his spouse[,] mother of [child's name,] a child under 13 yrs of age, $20.00 USC, to allow him to have sexual contact with same for the purpose of his sexual gratification or arousal."), following Gattem v. Gonzales, 412 F.3d 758, 765 (7th Cir.2005) (solicitation of sexual contact with a minor in violation of 720 ILCS 5/11-14.1 constitutes a sexual abuse of a minor aggravated felony, since complaint to which plea was entered identifies the complainant as a minor and states his age). http://caselaw.lp.findlaw.com/data2/circs/7th/062661p.pdf

Eleventh Circuit

AGGRAVATED FELONY - DRUG TRAFFICKING - SOLICITATION
United States v. Aguilar-Ortiz, __ F.3d __ (11th Cir. May 31, 2006) (Florida conviction for solicitation of delivery of drugs, in violation of Fla. Stat. 777.04(2) is not a "drug trafficking offense" for illegal re-entry sentencing purposes because the guidelines include aiding and abetting attempt, and conspiracy, but not solicitation offenses).