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Soliciting a Prostitute and the Risk of Deportation

Every so often a non-citizen approaches me and requests a very confidential consultation because they have been charged or convicted for solicting a prostitute and they are worried that they may face removal (deportation) as a result.

Prostitution is a ground of inadmissibility and thus removal from the United States, however soliciting a prostitute (that is asking one to perfrom acts for you) is not, especially if it is a single act.

This issue has been addressed by the Board of Immigration Appeals which determined in Matter of GONZALEZ-ZOQUIAPAN, 24 I&N Dec. 549 (BIA 2008) that "a single act of soliciting prostitution on one's own behalf does not fall within section 212(a)(2)(D)(ii) of the Immigration and Nationality Act, 8 U.S.C. 1182(a)(2)(D)(ii) (2006), which provides for the inadmissibility of an alien who "procured . . . prostitutes or persons for the purpose of prostitution."

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Ricky Malik, Esq.

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