Safe Havens

(A)  One-CMT Ground of Deportation.  For nearly all grounds of deportation, there is an argument that when Congress expressly included the non-substantive offenses of attempt and conspiracy, it in effect excluded all other non-substantive offenses, such as aiding and abetting, accessory after the fact, misprision of a felony, solicitation, and other non-substantive offenses.  For the single CMT conviction ground of deportation, Congress did specifically include attempt and conspiracy to commit a CMT as well as substantive CMTs themselves, so this argument applies fully to this ground of deportation.  See § § 7.8-7.13, supra. 

A number of older cases hold that some non-substantive offenses, committed with intent to commit a CMT, are themselves CMTs, but these decisions generally predate the more recent decisions recognizing that various non-substantive offenses do not fall within a ground of deportation when Congress specifically included others, such as attempt and conspiracy.