(B)  Solicitation to Commit a CMT.  The crime of moral turpitude ground of deportability,[102] unlike the CMT ground of inadmissibility,[103] does not expressly include either “attempt” or “conspiracy” to commit a CMT.  Neither ground includes “solicitation” to commit a CMT.  Although there are some older BIA cases that state that solicitation to commit a CMT is itself a CMT,[104] there has not been a recent published decision that addresses the issue of whether solicitation to commit a CMT falls within the inadmissibility ground, since it is not expressly listed.  Looking to the CMT ground of deportability, the fact that “attempt” and “conspiracy” are not listed could be taken to mean that either all inchoate offenses related to CMTs are included under that ground, or none of them are.

            Until this issue is decided, a solicitation safe haven should be one where the substantive offense is not itself a crime of moral turpitude.  Solicitation to possess a controlled substance, or solicitation to transport it for personal use, for example, should be safe from the aggravated felony, controlled substance, and CMT grounds of deportation since the substantive offenses are not CMTs, so the solicitation offense should not be a CMT.  Simple possession of a controlled substance is not a CMT.  See § 8.3, supra.

[102] INA § 237(a)(2)(A)(i), 8 U.S.C. § 1227(a)(2)(A)(i).

[103] INA § 212(a)(2)(A)(i), 8 U.S.C. § 1182(a)(2)(A)(i).

[104] See N. Tooby, J. Rollin & J. Foster, Crimes of Moral Turpitude § 9.84 (2005).

Fifth Circuit