Aggravated Felonies
§ 5.9 . Bribery of Witness
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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.
