Safe Havens

Several recurring issues arise in the interpretation of the various aggravated felony definitions.  A number of these definitions are of the form, “an offense . . . described in section 7201 of the Internal Revenue Code of 1986 (relating to tax evasion) . . . .”[132]  This language raises two issues:

            (1) Does this particular aggravated felony category include violations of statutes other than the statute specifically listed in the definition?  See § 7.17(A), infra.

            (2) Does the term “relating to” limit the offenses, within the statute referred to, that are included within the definition of the aggravated felony category, or does it simply provide an approximate label for the type of offense contained in the statute without excluding any of the other offenses that may be contained in the statute?  See § 7.17(B), infra.

Other definitions of “aggravated felony category” are framed differently.  For example, the statute lists “an offense that – (i) relates to the owning, controlling, managing, or supervising of a prostitution business . . . .”[133]  This raises a third issue:

            (3) Is this definition limited to offenses that are specifically listed within its terms, or does it sweep more broadly to include any additional offense that “relates to” the listed offenses?  See § 7.17(C), infra.

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

[133] INA § 101(a)(43)(K)(i), 8 U.S.C. § 1101(a)(43)(K)(i) (emphasis supplied).