Criminal Defense of Immigrants

For many grounds of removal, including the CMT inadmissibility ground,[147] 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 accessory after the fact, misprision of a felony, solicitation, and other non-substantive offenses.  This argument and others regarding specific non-substantive offenses are laid out more fully in § § 19.13-19.20, infra.  See Appendix G, infra.

                The CMT grounds of deportation do not expressly list attempt or conspiracy, thus giving rise to an additional argument that a conviction of attempt or conspiracy to commit a CMT cannot form one of the two CMT convictions required to trigger deportation.  On the other hand, the DHS could argue that all non-substantive offenses are included under this ground.

[147] INA § 212(a)(2)(A)(i)(I), 8 U.S.C. § 1182(a)(2)(A)(i)(I).  See § § 20.25-20.31, infra.