Safe Havens

(A)  Prior versions:  Arguably deportation under the controlled substances ground can be based on conviction for attempt to commit a drug offense only if the conviction occurred on or after November 29, 1990.[1079]   The pre-1986 version of these grounds included offenses related to several illegal drugs, but did not include the so-called “designer” drugs, which are now included.  In 1988, the definition was expanded to include certain precursor and “essential” chemicals.[1080] 

[1079] Attempt was added to the deportation ground (which already included “conspiracy”) by the Immigration Act of 1990, and under the statute this change applies to convictions occurring on or after the date of this enactment (November 29, 1990).  See Immigration Act of 1990 § 508, amending INA § 241(a)(11), 8 U.S.C. § 1251(a)(11), now INA § 241(a)(2)(B), 8 U.S.C. § 1251(a)(2)(B).  Attempt was added to the exclusion ground by the 1994 Crime Bill § 203(a)(2), which applies to convictions “occurring before, on or after” the date of enactment (September 13, 1994).  But cf. Abudu v. INS, 802 F.2d 1096 (9th Cir. 1986) (unlawful attempt to obtain a controlled substance by fraud, in violation of California Healthy & Safety Code § 11173(a), is deportable offense); see also Bronsztein v. INS, 526 F.2d 1290 (2d Cir. 1975).

[1080]  This includes drugs listed at 21 U.S.C. § 812 and all drugs designated by the Attorney General at 21 U.S.C. § 811 and Schedules I through V in 21 § CFR 1308.1.