Aggravated Felonies

(B)  Transportation.  The parenthetical language used in this section “(relating to transportation for the purposes of prostitution)” is arguably restrictive of the types of offenses within the listed sections that will trigger deportation as an aggravated felony.[519]  The listed offenses mostly concern acts related to sexual abuse, not prostitution.  The phrase “if committed for commercial advantage” certainly limits the number of violations of these offenses that may be considered aggravated felony offenses.  The parenthetical language seems meant to limit the scope as well.  If faced with a charge under this section, counsel should argue that the immigration authorities cannot show, from the record of conviction, that the offense was committed for commercial advantage.  Counsel can also argue that the charged offense did not involve transportation.

[519] See § 4.38, supra.