"Solicitation" is not an "attempt" or "conspiracy", but it can still be an Aggravated Felony


The Board of Immigration Appeals in Matter of Luis Manuel GUERRERO held that "solicitation" of a crime is different from and "attempt" or "conspiracy" to commit a crime. This nuance of language is significant because the section of the Immigration code that defines what crimes are Aggravated Felonies (AF) has a catchall in INA 101(a)(43)(U) which states that "an attempt or conspiracy to commit an offense" in the Agg Fel section, is also an Agg Fel.

The Board went on however to state that while solicitation is may not fall under conspiracy or attempt of INA 101(a)(43)(U), solicitation of the underlying crime directly can be an Aggravated Felony.


Ricky Malik, Esq.