Criminal Defense of Immigrants


§ 23.17 E. Non-Substantive Offenses

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The firearms deportation ground lists certain substantive firearms offenses, such as possession of a firearm.  It also expressly lists “attempting or conspiring” to commit a listed offense.[106]  Before those terms were added to the statute, however, they were not included in the ground of deportation.  See § 23.18, infra.


                Convictions for unlisted non-substantive offenses that are not listed in the ground of deportation do not trigger deportation under this ground.  This includes:


                (a)  Accessory After the Fact.  See § 19.15, supra.


                (b)  Facilitation.  See § 19.17, supra.


                (c)  Misprision of a Felony.  See § 19.18, supra.


                (d)  Solicitation.  See § 19.19, supra.


                The firearms conviction deportation ground statute lists offering to sell a firearm, which is equivalent to soliciting the sale of a firearm. [107]  It does not list offering to commit any other type of firearms offense.  Since no other offense of offering or solicitation is listed, a conviction of soliciting the commission of a firearms offense other than sale of a firearm is not included in this ground of deportation. 


Beyond this, the arguments relating to non-substantive offenses are generally the same as in the aggravated felony context.  See Appendix G, infra.

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

[107] United States v. Rivera-Sanchez, 247 F.3d 905, 908 (9th Cir. 2001).