Criminal Defense of Immigrants

Appendix G:  Non-Substantive Offenses

Crime-related grounds of inadmissibility and deportability do not invariably include non-substantive offenses, such as attempt or conspiracy to commit a listed offense that can apply to any substantive offense.  This gives rise to the argument that when Congress lists some non-substantive offenses, but not others, the unlisted ones do not trigger deportation under that ground.  Congress knew how to list them when it wanted to do so, and when it did not list them, it did not include them within the ground of deportation.

                This appendix contains the language of selected grounds of deportation and inadmissibility that list (or do not list) non-substantive offenses, that can be used as a basis for arguing, “Congress listed [specified non-substantive offense, e.g., solicitation] here, and here and here, but not there, so it is not included there.”