PC 182

PC 182



Aggravated Felony (AF)

Yes, AF if principal offense is AF.
See Advice if loss to victim/s exceeds $10k.

Crime Involving Moral Turpitude (CIMT)

CIMT if principal offense is CIMT

Other Removal Grounds

Generally there is no advantage because conspiracy takes on the character of the principal offense, e.g., CS, firearm.
But the exception might be for child abuse, stalking, crime of DV. See Advice.

Advice and Comments

PC 182

Conspiracy and DV deport grounds. Counsel in removal proceedings may argue that by its own language, the DV deportation ground at 1227(a)(2)(E)(i) does not include conspiracy to commit child abuse, stalking, or a crime of DV. Neither does the definition of COV at 18 USC 16(a).18 USC § 1227(a)(2)(E)(i) does not include the phrase “or conspiracy or attempt to commit the offense.” Compare this to controlled substance, firearms, and other inadmissibility and deportability grounds, which do contain that language. Neither does 18 USC § 16(a), the definition of a crime of violence.

Note that the result is different for aggravated felonies. If a conviction of conspiracy to commit a COV has a sentence of more than a year imposed, it will be an aggravated felony, because the AF definition itself includes conspiracy to commit an AF. 8 USC § 1101(a)(43)(U). So, while conspiracy to commit a COV with a year or more imposed arguably cannot be a deportable crime of domestic violence (definition lacks “conspiracy”), assume that it will be an aggravated felony (“conspiracy” is included).
Imm counsel can argue that conspiracy to commit these offenses does not trigger the DV deport ground. But defenders should act conservatively and not regard these as safe pleas.

Deceit and $10k. Conspiracy and attempt are bad pleas where an offense could be an AF as fraud/deceit where loss exceeds $10k. Plead to theft or see other strategies at PC 484.

2022-05-20T17:48:07+00:00Updated May 20th, 2022|