PC 653f(a), (c)

PC 653f(a), (c)

Offense

Solicitation to commit variety of offenses

Aggravated Felony (AF)

Not AF as COV.

See Advice regarding other AFs.

Crime Involving Moral Turpitude (CIMT)

Yes, if the conduct solicited is a CIMT.

Other Removal Grounds

Not COV so not a deportable DV offense.

Advice and Comments

The Ninth Cir held soliciting per 653f(a) (violent and theft offenses) and (c) (rape and other sex offenses) are COVs under 18 USC 16(b), but not under 16(a). Because the Supreme Court struck down 16(b) as void for vagueness, these offenses no longer are COVs.1Prakash v. Holder, 579 F.3d 1033 (9th Cir. 2009) (Pen C § 653f(a) is a COV under 18 USC § 16(b) but not under § 16(a)). The court acknowledged in dicta that the offense would not be an aggravated felony under 1101(a)(43)(U). Prakash at 1039.

Solicitation to commit rape ought not to be held an AF as rape because the AF definition includes attempt and conspiracy, but not solicitation, to commit an AF. See 8 USC 1101(a)(43)(U) and above endnote.

2020-05-19T19:17:13+00:00Updated January 29th, 2020|