Safe Havens
§ 8.64 (A)
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(A) Aggravated Felonies.
The aggravated felony definition includes, “an attempt or conspiracy to commit an offense described in this paragraph.”[203] While listing attempt and conspiracy, the aggravated felony definition does not include “aiding and abetting,” except where specifically mentioned in a referenced statute.[204] Therefore, where aiding and abetting is not inherent in the definition, a conviction for aiding and abetting an aggravated felony offense should not be considered an aggravated felony, because, “[s]imply put, [it] is not on the list.”[205] See § 7.9, supra.
[203] INA § 101(a)(43)(U), 8 U.S.C. § 1101(a)(43)(U). See N. Tooby, Aggravated Felonies § 5.6, Attempt (2003).
[204] See, e.g. INA § 101(a)(43)(N), 8 U.S.C. § 1101(a)(43)(N).
[205] Coronado-Durazo v. INS, 123 F.3d 1322, 1325 (9th Cir. 1997) (solicitation of a controlled substance is not a controlled substances offense under INA § 237(a)(2)(B)(i), since that section only covers violations, conspiracy or attempt to violate, a controlled substances offense) (emphasis added).
