The aggravated felony statute includes: “an offense relating to commercial bribery . . . for which the term of imprisonment is at least one year.”[45]  This aggravated felony is not defined by reference to a federal statute, and the BIA has yet to adopt a “generic” definition of the offense.[46]

[45] INA § 101(a)(43)(R), 8 U.S.C. § 1101(a)(43)(R).

[46] See § § 4.34-4.36, supra.

BIA

AGGRAVATED FELONY " COMMERCIAL BRIBERY " WITNESS BRIBERY
Matter of Gruenangerl, 25 I. & N. Dec. 351, 356 (BIA 2010) (federal conviction of bribery of a public official, for the purpose of influencing official action, in violation of 18 U.S.C. 201(b)(1)(A), is not an offense relating to commercial bribery and is therefore not an aggravated felony under INA 101(a)(43)(R), 8 U.S.C. 1101(a)(43)(R)).

AGGRAVATED FELONY " COMMERCIAL BRIBERY " DEFINITION
Although the BIA did not specify a definition of commercial bribery that it would officially adopt for aggravated felony purpose, the court cited the following definitions in finding that a conviction under 18 U.S.C. 201(b)(1)(A), bribery of a public official, was not an aggravated felony commercial bribery offense: Blacks Law Dictionary 204 (8th ed. 2004) defines commercial bribery as follows: 1. The knowing solicitation or acceptance of a benefit in exchange for violating an oath of fidelity, such as that owed by an employee, partner, trustee, or attorney. Model Penal Code 224.8(1). 2. A supposedly disinterested appraisers acceptance of a benefit that influences the appraisal of goods or services. Model Penal Code 224.8(2). 3. Corrupt dealing with the agents or employees of prospective buyers to secure an advantage over business competitors. Section 224.8 of the Model Penal Code defines commercial bribery as follows: (1) A person commits a misdemeanor if he solicits, accepts or agrees to accept any benefit as consideration for knowingly violating or agreeing to violate a duty of fidelity to which he is subject as: (a) partner, agent, or employee of another; (b) trustee, guardian, or other fiduciary; (c) lawyer, physician, accountant, appraiser, or other professional adviser or informant; (d) officer, director, manager or other participant in the direction of the affairs of an incorporated or unincorporated association; or (e) arbitrator or other purportedly disinterested adjudicator or referee. (2) A person who holds himself out to the public as being engaged in the business of making disinterested selection, appraisal, or criticism of commodities or services commits a misdemeanor if he solicits, accepts or agrees to accept any benefit to influence his selection, appraisal or criticism. (3) A person commits a misdemeanor if he confers, or offers or agrees to confer, any benefit the acceptance of which would be criminal under this Section. Matter of Gruenangerl, 25 I. & N. Dec. 351, 356 (BIA 2010).

Ninth Circuit

AGGRAVATED FELONY " BURGLARY " BURGLARY
United States v. Snyder, 643 F.3d 694 (9th Cir. Jun. 30, 2011) (Oregon conviction for violation of ORS 164.215, second degree burglary, is a burglary offense for purposes of the Armed Career Criminal Act; although Oregon definition of building may not coincide with the generic definition, the charging document made clear that the defendant entered a generically defined building).