In Matter of G, 6 I. N. Dec. 353, 354 (BIA 1954), the BIA concluded, with little discussion, that a conviction for attempted possession of narcotics with intent to distribute subjected an alien to deportation. A few months later, however, in Matter of N, 6 I. N. Dec. 557, 559 (BIA 1955), the BIA reached a different conclusion with respect to a conviction for narcotics conspiracy in violation of the federal generic conspiracy statute, 18 U.S.C. § 371 (1952). Noting Congress's explicit inclusion of conspiracy violations in the 1931 deportability statute and their omission from the 1952 statute, the BIA decided (with no mention of Matter of G) that "conspiracy does not constitute a conviction of a violation of a law relating to the illicit traffic in narcotics drugs."
Petitioner's effort to draw the conclusion that a crime is excluded from the category of deportable offenses because it has not been specifically enumerated in the statute has been rejected. See Londono-Gomez v. INS, 699 F.2d 475 (9th Cir. 1983) (absence of aiding and abetting the distribution of cocaine); Bronsztejn v. INS, 526 F.2d 1290 (2d Cir. 1975) (omission of attempted possession of marijuana); Matter of N, 6 I N Dec. 557, 561 (BIA, A.G. 1955) (absence of conspiracy). See generally National Petroleum Refiners Ass'n v. FTC, 482 F.2d 672, 676 (D.C. Cir. 1973), cert. denied, 415 U.S. 951, 94 S. Ct. 1475, 39 L.Ed.2d 567 (1974) (stating that the maxim of statutory construction that the expression of one thing is the exclusion of another is increasingly considered unreliable "for it stands on the faulty premise that all possible alternative or supplemental provisions were necessarily considered and rejected by the legislative draftsmen").