Criminal Defense of Immigrants

A noncitizen is deportable for a conviction of “a violation of” INA § 278, 8 U.S.C. § 1328. [166]  This statute prohibits importing, holding, or harboring a noncitizen for prostitution or any other immoral purpose, and is punishable by up to 10 years in prison.

        This ground of deportation specifically includes “a conspiracy or attempt to violate [a listed statute].” [167]  Congress, by expressly including these two non-substantive offenses of attempt and conspiracy, in effect excluded all other non-substantive offenses, such as accessory after the fact, misprision of a felony, solicitation, and other non-substantive offenses as generally applicable to all the listed offenses in this ground of deportation.  See Appendix G, infra.

        The deportation ground originally listed substantive offenses, and conspiracy to commit the substantive offenses.  The word “attempt” was not added until 1991.[168]  Therefore, a conviction of attempt prior to the 1991 addition of attempt arguably is not included in this ground of deportation. 

[166] INA § 237(a)(2)(D)(iv), 8 U.S.C. § 1227(a)(2)(D)(iv).

[167] INA § 237(a)(2)(D)(i), 8 U.S.C. § 1227(a)(2)(D)(i).

[168] Miscellaneous and Technical Immigration and Naturalization Amendments of 1991 (MTINA), Pub. L. No. 102-232, § 307(h)(7), 105 Stat. 1733, 1756.