A noncitizen defendant who pleads guilty to attempt or conspiracy to commit an underlying offense that will trigger deportation or removal will still be deportable as if he had committed the underlying predicate offense.  In some cases, the crime-related deportation and removal provisions either contain specific language including attempt and conspiracy.  In other instances, the case law interpreting those provisions has held that an attempt or conspiracy to commit a crime of moral turpitude such as theft, will be treated the same as the underlying theft offense. 

The aggravated felony definition at INA § 101(a)(43)(U) explicitly states that any attempt or conspiracy to commit any offense listed in that definition will be considered an aggravated felony.  See Chapter One, Section C4: The Aggravated Felony Definition.

The offense of criminal solicitation under RCW 9A.28.030 is not treated the same as attempt and conspiracy under immigration law.  The Ninth Circuit has held that criminal solicitation under RCW 9A.28.030 is not a controlled substance violation and is not a drug trafficking offense under the aggravated felony definition.[1]  The court’s reasoning in these cases can arguably be extended beyond drug offenses (e.g., criminal solicitation to commit theft is not a crime of moral turpitude).