The aggravated felony statute includes: “an offense relating to . . . bribery of a witness . . . for which the term of imprisonment is at least one year.”[48]  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.[49]  Under federal law, “bribery of a witness” is forbidden in 18 U.S.C. § 201(b)(3).  Counsel may wish to argue that this federal definition should be adopted for purposes of defining the aggravated felony offense.

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

[49] 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)).