Brian D. Lerner Immigration Attorney & Deportation Lawyer Blog

A New BIA case on conspiracy: (1) The term “conspiracy” in section 101(a)(43)(U) of the Immigration and Nationality Act,8 U.S.C. § 1101(a)(43)(U) (2006), is not limited to conspiracies that require the commission of an overt act in furtherance of the conspiracy by one of the conspirators.

(2) An alien who was only convicted of conspiracy to commit an aggravated felony and is removable on the basis of that conviction under section 101(a)(43)(U) of the Act may not also be found removable for the underlying substantive offense, even though the record
of conviction shows that the conspirators actually committed the substantive offense.

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