Criminal Defense of Immigrants


§ 23.18 (B)

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(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).