When a ground of removal is an inchoate crime like solicitation, attempt or conspiracy, what is the current state of the law on that ground?

MultiRegion, United States of America

The following excerpt is from Santana-Felix v. Barr, 924 F.3d 51 (2nd Cir. 2019):

Nevertheless, when the ground of removal involves an inchoate crime like solicitation, attempt, or conspiracy, we have taken an approach analogous to the modified categorical approach in which we consider only whether the "object crime" charged is an aggravated felony. This is because, absent proof of a specific intent to commit the object crime, an inchoate offense cannot lead to a conviction. See Mizrahi v. Gonzales , 492 F.3d 156, 161 (2d Cir. 2007).

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