Aggravated Felony Attempt and Conspiracy

How INA §101(a)(43)(U) extends aggravated-felony treatment to attempts and conspiracies, including the need to identify a qualifying underlying aggravated felony.

INA §101(a)(43)(U) covers an attempt or conspiracy to commit an offense described elsewhere in the aggravated-felony definition. The analysis therefore starts with the target offense and then asks whether the conviction is an attempt or conspiracy within the federal immigration meaning.

For aggravated felony attempt conspiracy, the practitioner should map the aggravated felony attempt conspiracy charge before making concessions. The aggravated felony attempt conspiracy map should identify the conviction, the aggravated felony attempt conspiracy statutory comparator, the governing aggravated felony attempt conspiracy method, and the evidence that current aggravated felony attempt conspiracy law permits.

Paragraph (U) is derivative: if the underlying target offense is not an aggravated felony, an attempt or conspiracy to commit it does not become one merely because paragraph (U) exists.

Within aggravated felony attempt conspiracy, this proposition resolves the aggravated felony attempt conspiracy dispute. The clause “Paragraph (U) is derivative” must be linked to aggravated felony attempt conspiracy authority before “if the underlying target offense is not an aggravated felony” is treated as established. Matter of Richardson, 25 I&N Dec. 226 (BIA 2010) supplies a published aggravated felony attempt conspiracy reference for the legal method or qualifier involved.

A aggravated felony attempt conspiracy record on rule 1 should identify the aggravated felony attempt conspiracy document proving the conviction, the aggravated felony attempt conspiracy source proving the legal rule, and the aggravated felony attempt conspiracy fact that remains disputed. That rule-specific aggravated felony attempt conspiracy structure keeps allegations from replacing the legally operative aggravated felony attempt conspiracy requirement.

Matter of Richardson holds that the INA's generic conspiracy definition does not require an overt act in every case.

Within aggravated felony attempt conspiracy, this proposition frames the aggravated felony attempt conspiracy dispute. The clause “Matter of Richardson holds that the INA's generic conspiracy” must be linked to aggravated felony attempt conspiracy authority before “definition does not require an overt act in every case.” is treated as established. Matter of Bahta, 22 I&N Dec. 1381 (BIA 2000) supplies a published aggravated felony attempt conspiracy reference for the legal method or qualifier involved.

A aggravated felony attempt conspiracy record on rule 2 should identify the aggravated felony attempt conspiracy document proving the conviction, the aggravated felony attempt conspiracy source proving the legal rule, and the aggravated felony attempt conspiracy fact that remains disputed. That rule-specific aggravated felony attempt conspiracy structure keeps allegations from replacing the legally operative aggravated felony attempt conspiracy requirement.

The immigration court must still identify the object of the conspiracy and determine whether that object falls within one of the substantive aggravated-felony categories.

Within aggravated felony attempt conspiracy, this proposition limits the aggravated felony attempt conspiracy dispute. The clause “The immigration court must still identify the object of the conspiracy and” must be linked to aggravated felony attempt conspiracy authority before “determine whether that object falls within one of the substantive aggravated-felony categories.” is treated as established. Matter of Aruna, 24 I&N Dec. 452 (BIA 2008) supplies a published aggravated felony attempt conspiracy reference for the legal method or qualifier involved.

A aggravated felony attempt conspiracy record on rule 3 should identify the aggravated felony attempt conspiracy document proving the conviction, the aggravated felony attempt conspiracy source proving the legal rule, and the aggravated felony attempt conspiracy fact that remains disputed. That rule-specific aggravated felony attempt conspiracy structure keeps allegations from replacing the legally operative aggravated felony attempt conspiracy requirement.

Attempt generally requires intent to commit the substantive offense plus conduct amounting to the generic federal concept of attempt; labels alone are not conclusive.

Within aggravated felony attempt conspiracy, this proposition defines the aggravated felony attempt conspiracy dispute. The clause “Attempt generally requires intent to commit the substantive offense plus conduct amounting to the generic federal concept of attempt” must be linked to aggravated felony attempt conspiracy authority before “labels alone are not conclusive.” is treated as established. Matter of Richardson, 25 I&N Dec. 226 (BIA 2010) supplies a published aggravated felony attempt conspiracy reference for the legal method or qualifier involved.

A aggravated felony attempt conspiracy record on rule 4 should identify the aggravated felony attempt conspiracy document proving the conviction, the aggravated felony attempt conspiracy source proving the legal rule, and the aggravated felony attempt conspiracy fact that remains disputed. That rule-specific aggravated felony attempt conspiracy structure keeps allegations from replacing the legally operative aggravated felony attempt conspiracy requirement.

Matter of Bahta illustrates that attempted possession of stolen property can qualify when the underlying receipt-of-stolen-property offense satisfies §101(a)(43)(G).

Within aggravated felony attempt conspiracy, this proposition narrows the aggravated felony attempt conspiracy dispute. The clause “Matter of Bahta illustrates that attempted possession of stolen” must be linked to aggravated felony attempt conspiracy authority before “property can qualify when the underlying receipt-of-stolen-property offense satisfies §101(a)(43)(G).” is treated as established. Matter of Bahta, 22 I&N Dec. 1381 (BIA 2000) supplies a published aggravated felony attempt conspiracy reference for the legal method or qualifier involved.

A aggravated felony attempt conspiracy record on rule 5 should identify the aggravated felony attempt conspiracy document proving the conviction, the aggravated felony attempt conspiracy source proving the legal rule, and the aggravated felony attempt conspiracy fact that remains disputed. That rule-specific aggravated felony attempt conspiracy structure keeps allegations from replacing the legally operative aggravated felony attempt conspiracy requirement.

Drug conspiracies require analysis of the underlying drug-trafficking analogue rather than treating the word conspiracy as independently sufficient.

Within aggravated felony attempt conspiracy, this proposition controls the aggravated felony attempt conspiracy dispute. The clause “Drug conspiracies require analysis of the underlying drug-trafficking analogue” must be linked to aggravated felony attempt conspiracy authority before “rather than treating the word conspiracy as independently sufficient.” is treated as established. Matter of Aruna, 24 I&N Dec. 452 (BIA 2008) supplies a published aggravated felony attempt conspiracy reference for the legal method or qualifier involved.

A aggravated felony attempt conspiracy record on rule 6 should identify the aggravated felony attempt conspiracy document proving the conviction, the aggravated felony attempt conspiracy source proving the legal rule, and the aggravated felony attempt conspiracy fact that remains disputed. That rule-specific aggravated felony attempt conspiracy structure keeps allegations from replacing the legally operative aggravated felony attempt conspiracy requirement.

Sentence thresholds attached to the underlying aggravated-felony category can remain relevant; paragraph (U) does not erase substantive category requirements.

Within aggravated felony attempt conspiracy, this proposition structures the aggravated felony attempt conspiracy dispute. The clause “Sentence thresholds attached to the underlying aggravated-felony category can remain relevant” must be linked to aggravated felony attempt conspiracy authority before “paragraph (U) does not erase substantive category requirements.” is treated as established. Matter of Richardson, 25 I&N Dec. 226 (BIA 2010) supplies a published aggravated felony attempt conspiracy reference for the legal method or qualifier involved.

A aggravated felony attempt conspiracy record on rule 7 should identify the aggravated felony attempt conspiracy document proving the conviction, the aggravated felony attempt conspiracy source proving the legal rule, and the aggravated felony attempt conspiracy fact that remains disputed. That rule-specific aggravated felony attempt conspiracy structure keeps allegations from replacing the legally operative aggravated felony attempt conspiracy requirement.

An indictment containing multiple objects can create divisibility and record-of-conviction questions when some objects qualify and others do not.

Within aggravated felony attempt conspiracy, this proposition changes the aggravated felony attempt conspiracy dispute. The clause “An indictment containing multiple objects can create divisibility and” must be linked to aggravated felony attempt conspiracy authority before “record-of-conviction questions when some objects qualify and others do not.” is treated as established. Matter of Bahta, 22 I&N Dec. 1381 (BIA 2000) supplies a published aggravated felony attempt conspiracy reference for the legal method or qualifier involved.

A aggravated felony attempt conspiracy record on rule 8 should identify the aggravated felony attempt conspiracy document proving the conviction, the aggravated felony attempt conspiracy source proving the legal rule, and the aggravated felony attempt conspiracy fact that remains disputed. That rule-specific aggravated felony attempt conspiracy structure keeps allegations from replacing the legally operative aggravated felony attempt conspiracy requirement.

Conspiracy liability and accomplice or aiding-and-abetting liability are doctrinally distinct and should not be conflated.

Within aggravated felony attempt conspiracy, this proposition directs the aggravated felony attempt conspiracy dispute. The clause “Conspiracy liability and accomplice or aiding-and-abetting liability” must be linked to aggravated felony attempt conspiracy authority before “are doctrinally distinct and should not be conflated.” is treated as established. Matter of Aruna, 24 I&N Dec. 452 (BIA 2008) supplies a published aggravated felony attempt conspiracy reference for the legal method or qualifier involved.

A aggravated felony attempt conspiracy record on rule 9 should identify the aggravated felony attempt conspiracy document proving the conviction, the aggravated felony attempt conspiracy source proving the legal rule, and the aggravated felony attempt conspiracy fact that remains disputed. That rule-specific aggravated felony attempt conspiracy structure keeps allegations from replacing the legally operative aggravated felony attempt conspiracy requirement.

The NTA charge should identify the substantive paragraph and paragraph (U) theory with enough precision to permit a categorical analysis and a meaningful defense.

Within aggravated felony attempt conspiracy, this proposition governs the aggravated felony attempt conspiracy dispute. The clause “The NTA charge should identify the substantive paragraph and paragraph (U) theory” must be linked to aggravated felony attempt conspiracy authority before “with enough precision to permit a categorical analysis and a meaningful defense.” is treated as established. Matter of Richardson, 25 I&N Dec. 226 (BIA 2010) supplies a published aggravated felony attempt conspiracy reference for the legal method or qualifier involved.

A aggravated felony attempt conspiracy record on rule 10 should identify the aggravated felony attempt conspiracy document proving the conviction, the aggravated felony attempt conspiracy source proving the legal rule, and the aggravated felony attempt conspiracy fact that remains disputed. That rule-specific aggravated felony attempt conspiracy structure keeps allegations from replacing the legally operative aggravated felony attempt conspiracy requirement.

Matter of Richardson, 25 I&N Dec. 226 (BIA 2010) matters to aggravated felony attempt conspiracy because its holding addresses a aggravated felony attempt conspiracy component reflected in this rule: Paragraph (U) is derivative: if the underlying target offense is not an aggravated felony, an attempt or conspiracy to commit it does not become one merely because paragraph (U) exists.

Applying Matter of Richardson, 25 I&N Dec. 226 (BIA 2010) to aggravated felony attempt conspiracy also requires attention to this separate aggravated felony attempt conspiracy proposition: Matter of Richardson holds that the INA's generic conspiracy definition does not require an overt act in every case. The aggravated felony attempt conspiracy brief should use the case for those propositions and avoid extending the aggravated felony attempt conspiracy holding beyond its procedural posture.

Matter of Bahta, 22 I&N Dec. 1381 (BIA 2000) matters to aggravated felony attempt conspiracy because its holding addresses a aggravated felony attempt conspiracy component reflected in this rule: The immigration court must still identify the object of the conspiracy and determine whether that object falls within one of the substantive aggravated-felony categories.

Applying Matter of Bahta, 22 I&N Dec. 1381 (BIA 2000) to aggravated felony attempt conspiracy also requires attention to this separate aggravated felony attempt conspiracy proposition: Attempt generally requires intent to commit the substantive offense plus conduct amounting to the generic federal concept of attempt; labels alone are not conclusive. The aggravated felony attempt conspiracy brief should use the case for those propositions and avoid extending the aggravated felony attempt conspiracy holding beyond its procedural posture.

Matter of Aruna, 24 I&N Dec. 452 (BIA 2008) matters to aggravated felony attempt conspiracy because its holding addresses a aggravated felony attempt conspiracy component reflected in this rule: Matter of Bahta illustrates that attempted possession of stolen property can qualify when the underlying receipt-of-stolen-property offense satisfies §101(a)(43)(G).

Applying Matter of Aruna, 24 I&N Dec. 452 (BIA 2008) to aggravated felony attempt conspiracy also requires attention to this separate aggravated felony attempt conspiracy proposition: Drug conspiracies require analysis of the underlying drug-trafficking analogue rather than treating the word conspiracy as independently sufficient. The aggravated felony attempt conspiracy brief should use the case for those propositions and avoid extending the aggravated felony attempt conspiracy holding beyond its procedural posture.

A aggravated felony attempt conspiracy file should integrate three distinct aggravated felony attempt conspiracy propositions. First: Paragraph (U) is derivative: if the underlying target offense is not an aggravated felony, an attempt or conspiracy to commit it does not become one merely because paragraph (U) exists. Second: Attempt generally requires intent to commit the substantive offense plus conduct amounting to the generic federal concept of attempt; labels alone are not conclusive. Third: Sentence thresholds attached to the underlying aggravated-felony category can remain relevant; paragraph (U) does not erase substantive category requirements.

Those aggravated felony attempt conspiracy propositions determine the aggravated felony attempt conspiracy documents worth collecting. Certified records should prove aggravated felony attempt conspiracy elements and sentence; historical materials should prove aggravated felony attempt conspiracy timing when timing matters; broader proof should be reserved for a circumstance-specific aggravated felony attempt conspiracy qualifier. The final aggravated felony attempt conspiracy brief should assign each aggravated felony attempt conspiracy burden and request a precise aggravated felony attempt conspiracy ruling.

A aggravated felony attempt conspiracy file should integrate three distinct aggravated felony attempt conspiracy propositions. First: Matter of Richardson holds that the INA's generic conspiracy definition does not require an overt act in every case. Second: Matter of Bahta illustrates that attempted possession of stolen property can qualify when the underlying receipt-of-stolen-property offense satisfies §101(a)(43)(G). Third: An indictment containing multiple objects can create divisibility and record-of-conviction questions when some objects qualify and others do not.

Those aggravated felony attempt conspiracy propositions determine the aggravated felony attempt conspiracy documents worth collecting. Certified records should prove aggravated felony attempt conspiracy elements and sentence; historical materials should prove aggravated felony attempt conspiracy timing when timing matters; broader proof should be reserved for a circumstance-specific aggravated felony attempt conspiracy qualifier. The final aggravated felony attempt conspiracy brief should assign each aggravated felony attempt conspiracy burden and request a precise aggravated felony attempt conspiracy ruling.

A aggravated felony attempt conspiracy file should integrate three distinct aggravated felony attempt conspiracy propositions. First: The immigration court must still identify the object of the conspiracy and determine whether that object falls within one of the substantive aggravated-felony categories. Second: Drug conspiracies require analysis of the underlying drug-trafficking analogue rather than treating the word conspiracy as independently sufficient. Third: Conspiracy liability and accomplice or aiding-and-abetting liability are doctrinally distinct and should not be conflated.

Those aggravated felony attempt conspiracy propositions determine the aggravated felony attempt conspiracy documents worth collecting. Certified records should prove aggravated felony attempt conspiracy elements and sentence; historical materials should prove aggravated felony attempt conspiracy timing when timing matters; broader proof should be reserved for a circumstance-specific aggravated felony attempt conspiracy qualifier. The final aggravated felony attempt conspiracy brief should assign each aggravated felony attempt conspiracy burden and request a precise aggravated felony attempt conspiracy ruling.

A aggravated felony attempt conspiracy file should integrate three distinct aggravated felony attempt conspiracy propositions. First: Attempt generally requires intent to commit the substantive offense plus conduct amounting to the generic federal concept of attempt; labels alone are not conclusive. Second: Sentence thresholds attached to the underlying aggravated-felony category can remain relevant; paragraph (U) does not erase substantive category requirements. Third: The NTA charge should identify the substantive paragraph and paragraph (U) theory with enough precision to permit a categorical analysis and a meaningful defense.

Those aggravated felony attempt conspiracy propositions determine the aggravated felony attempt conspiracy documents worth collecting. Certified records should prove aggravated felony attempt conspiracy elements and sentence; historical materials should prove aggravated felony attempt conspiracy timing when timing matters; broader proof should be reserved for a circumstance-specific aggravated felony attempt conspiracy qualifier. The final aggravated felony attempt conspiracy brief should assign each aggravated felony attempt conspiracy burden and request a precise aggravated felony attempt conspiracy ruling.

A aggravated felony attempt conspiracy file should integrate three distinct aggravated felony attempt conspiracy propositions. First: Paragraph (U) is derivative: if the underlying target offense is not an aggravated felony, an attempt or conspiracy to commit it does not become one merely because paragraph (U) exists. Second: Drug conspiracies require analysis of the underlying drug-trafficking analogue rather than treating the word conspiracy as independently sufficient. Third: The NTA charge should identify the substantive paragraph and paragraph (U) theory with enough precision to permit a categorical analysis and a meaningful defense.

Those aggravated felony attempt conspiracy propositions determine the aggravated felony attempt conspiracy documents worth collecting. Certified records should prove aggravated felony attempt conspiracy elements and sentence; historical materials should prove aggravated felony attempt conspiracy timing when timing matters; broader proof should be reserved for a circumstance-specific aggravated felony attempt conspiracy qualifier. The final aggravated felony attempt conspiracy brief should assign each aggravated felony attempt conspiracy burden and request a precise aggravated felony attempt conspiracy ruling.