Is there a conspiracy to commit a crime under the Immigration and Border Protection Act?

MultiRegion, United States of America

The following excerpt is from United States v. Garcia-Santana, 774 F.3d 528 (9th Cir. 2014):

The INA is quite different than those statutes. It is not a conspiracy offense. It defines aggravated felonies for the purpose not of defining and penalizing criminal conduct, but of assigning various immigration consequences to prior convictions. See, e.g., United States v. CoronaSanchez, 291 F.3d 1201, 1209 n. 8 (9th Cir.2002) (en banc) (listing the various uses of the aggravated felony concept in the INA).8 Such collateral consequences attach to convictions from all jurisdictions, not merely to federal convictions.

Other Questions


Is a conspiracy to commit a crime a different crime from a crime that is the object of the conspiracy? (MultiRegion, United States of America)
Does a section of the New York State Criminal Code offer wide prosecutorial discretion to prosecute a defendant who has committed a similar crime but has not committed the same crime? ("New York", United States of America)
Can a Minister of Employment and Immigration (minister of employment and immigration) bring a claim against the Minister of Justice for Ministerial Responsibility for Immigration and Refugee Protection Division in a federal civil case? (Canada (Federal), Canada)
Is a minor guilty of criminal conspiracy to commit acts that were committed as a minor in furtherance of a conspiracy? (MultiRegion, United States of America)
Is there any case law in which a RICO conspiracy is not a crime of violence even though one of the charged predicate acts is a conspiracy to commit murder? (MultiRegion, United States of America)
Is a jury instruction that states that a person intends to commit a violent crime intended to coerce the victim into committing the crime by force of persuasion invalid? (MultiRegion, United States of America)
Does a getaway driver continue to commit the crime of aiding and abetting by fleeing after the crime has been committed? (MultiRegion, United States of America)
Is a conspiracy conviction under section 846 of the Criminal Code mandatory minimum sentence for conspiracy to commit a crime punishable by section 841 of the Federal Criminal Code? (MultiRegion, United States of America)
If a defendant denies committing the crime with which he is charged but asserts that if he did commit the crime he was entrapped into doing so, can he rely on these inconsistent defenses? (MultiRegion, United States of America)
Is there any case law where a defendant has to prove that he committed an earlier crime by showing evidence of the crime committed at the time of trial? ("New York", United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.