Aggravated Felonies

(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).