Safe Havens

(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,[96] as part of a number of different grounds of inadmissibility and deportation.  See generally Appendix H, Non-Substantive Offenses, infra.  Solicitation is expressly listed in the following grounds of inadmissibility: the Multiple Conviction ground,[97] the Terrorist Conduct ground,[98] the Genocide Conduct ground,[99] and the Alien Smuggling Conduct ground.[100] In addition, Congress included solicitation in a number of other grounds of deportation: the Alien Smuggling Conduct ground,[101] the sale portion of the Firearms ground,[102] the Terrorist Conduct ground,[103] and the Genocide Conduct ground.[104]  Soliciting convictions (aka, convictions of offering to commit a certain offense)[105] are not included in any other ground of deportation.  Therefore, they are not included in any aggravated felony category of deportable offense.

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

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

[98] 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”).

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

[100] 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”).

[101] 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”).

[102] 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).

[103] 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”)

[104] 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).

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