A conviction of solicitation to commit an aggravated felony offense should not trigger deportation under the aggravated felony ground of deportation.  Congress specifically listed the non-substantive offenses of attempt and conspiracy, but did not list solicitation. [95]  Therefore, solicitation is not included within the aggravated felony definition.

[95] INA § 101(a)(43)(U), U.S.C. § 1101(a)(43)(U) (an aggravated felony includes “an attempt or conspiracy to commit an offense described in this paragraph.”).

Fifth Circuit

CONTROLLED SUBSTANCES - SOLICITATION CONSTITUTES A CONVICTION RELATING TO A CONTROLLED SUBSTANCE
Peters v. Ashcroft, 383 F.3d 302 (5th Cir. Aug. 27, 2004) (Fifth Circuit rejected reasoning of Coronado-Durazo, holding a conviction of solicitation to transport marijuana for sale constituted a conviction of an offense relating to a controlled substance)

Seventh Circuit

SOLICITATION OF AN AGGRAVATED FELONY - SOLICITATION OF SEXUAL ACT IS SUFFICIENT TO SHOW SEXUAL ABUSE OF A MINOR
Gattem v. Gonzalez, __ F.3d __, 2005 WL 1422373 (7th Cir. June 20, 2005) (applying definition of "sexual abuse" at 18 U.S.C. 3509(a)(8), the court found that solicitation of a sexual act constitutes "sexual abuse," as that section includes "inducement, enticement, or coercion.") NOTE: This case is distinguishable from the Ninth Circuit cases, such as Coronado-Durazo v. INS, 123 F.3d 1322 (9th Cir. Sep. 30, 1997) (Arizona conviction for solicitation to possess cocaine, under A.R.S. 13- 1002, was not conviction for violation of law "relating to a controlled substance," within meaning of federal deportation statute, but rather was conviction for generic crime that was distinct from underlying crime and that, unlike conspiracy or attempt, was not included in federal statute as possible basis for deportation under INA 241(a)(2)(B)(i), 8 U.S.C. 1251(a)(2)(B)(i)), since Gattem in essence finds that "solicitation" in inherent in the definition of "sexual abuse of a minor", just as it is inherent in aggravated felony alien smuggling [8 U.S.C. 274(a)(1)(A)(iv) punishes encouraging or inducing a noncitizen to enter the United States in violation of law].

SHOW SEXUAL ABUSE OF A MINOR
Gattem v. Gonzalez, __ F.3d __, 2005 WL 1422373 (7th Cir. June 20, 2005) (applying definition of "sexual abuse" at 18 U.S.C. 3509(a)(8), the court found that solicitation of a sexual act constitutes "sexual abuse," as that section includes "inducement, enticement, or coercion.") NOTE: This case is distinguishable from the Ninth Circuit cases, such as Coronado-Durazo v. INS, 123 F.3d 1322 (9th Cir. Sep. 30, 1997) (Arizona conviction for solicitation to possess cocaine, under A.R.S. 13- 1002, was not conviction for violation of law "relating to a controlled substance," within meaning of federal deportation statute, but rather was conviction for generic crime that was distinct from underlying crime and that, unlike conspiracy or attempt, was not included in federal statute as possible basis for deportation under INA 241(a)(2)(B)(i), 8 U.S.C. 1251(a)(2)(B)(i)), since Gattem in essence finds that "solicitation" in inherent in the definition of "sexual abuse of a minor", just as it is inherent in aggravated felony alien smuggling [8 U.S.C. 274(a)(1)(A)(iv) punishes encouraging or inducing a noncitizen to enter the United States in violation of law].

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).