Within the jurisdiction of the United States Court of Appeals for the Ninth Circuit, a
returning lawful permanent resident who has a felony conviction for solicitation to
possess marijuana for sale is inadmissible under section 212(a)(2)(A)(i)(I) of the
Immigration and Nationality Act, 8 U.S.C. § 1182(a)(2)(A)(i)(I) (2012), even though that
section refers only to attempt and conspiracy to commit a crime involving moral
turpitude, and is therefore properly considered to be an arriving alien under section
101(a)(13)(C)(v) of the Act, 8 U.S.C. § 1101(a)(13)(C)(v) (2012). Matter of Vo, 25 I&N
Dec. 426 (BIA 2011), clarified.