Matter of GUERRERO, ID 3732, 25 I&N Dec. 631 (BIA 2011)

Matter of GUERRERO, ID 3732, 25 I&N Dec. 631 (BIA 2011)

Matter of GUERRERO, ID 3732, 25 I&N Dec. 631 (BIA 2011) - (1) Because solicitation to commit a “crime of violence” is itself a crime of violence under 18 U.S.C. § 16(b) (2006), a felony conviction for solicitation to commit assault with a dangerous weapon in violation of section 11-1-9 of the General Laws of Rhode Island is for a crime of violence and therefore an aggravated felony under section 101(a)(43)(F) of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(43)(F) (2006), where a sentence of 1 year or more has been imposed. (2) The offense of solicitation is not an aggravated felony under section 101(a)(43)(U) of the Act because it is not an attempt or conspiracy.