Offense
Attempt
Aggravated Felony (AF)
AF if attempted crime is an AF.
See Advice if offense involves deceit with potential loss >$10k
Crime Involving Moral Turpitude (CIMT)
CIMT if attempted crime is CIMT
Other Removal Grounds
Carries consequences of the attempted offense
Advice and Comments
AF. CIMT. Attempt or conspiracy to commit an AF or CIMT is an AF or CIMT.
Avoid to protect reckless/negligent intent. Some offenses avoid being a COV or CIMT because they can be committed by negligence or recklessness. See, e.g., PC 245 and 246 (not a COV), 273a and DUI (not a CIMT or COV). Conspiracy and attempt may transform these offenses by adding intent.
Attempt and conspiracy are bad pleas where fraud or deceit results in loss to victim/s exceeding $10k.1One defense to fraud/deceit with a loss exceeding $10,000 is to plead to a single count where loss was less than $10k, and at sentencing agree to restitution order of more than $10k with a Harvey waiver. To make it crystal clear to immigration judges, if possible, state that the additional payment is due to dropped charges and uncharged conduct. Avoid a plea to attempt or conspiracy, which may give DHS more opening to include the whole amount. Instead plead to straight theft, PC 487, w/ less than 1 yr, or see PC 470
Attempt and Conspiracy Defense to 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).28 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. 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.
SB54: Attempt of an offense on this list can lawfully permit cooperation with ICE for the same amount of time as the underlying offense.