Criminal Defense of Immigrants

(B)  Attempt and Conspiracy.  The original firearms deportation ground did not explicitly include conspiracy or attempt convictions.  The BIA therefore had held, prior to the 1994 amendment, that a conviction of conspiracy to commit a firearms offense did not trigger deportation.[113]  However, this opinion was later found to have been abrogated.[114]

[113] Matter of Hou, 20 I. & N. Dec. 513 (BIA 1992) (conspiracy to possess a firearm held not a deportable offense under former INA § 241(a)(2)(C)).

[114] Matter of Saint John, 21 I. & N. Dec. 593 (BIA 1996).