Safe Havens

(C)  An Offense that “Relates To” a Given Subject-Matter.  It is possible to argue that when the aggravated felony statute lists “an offense that – (i) relates to the owning, controlling, managing, or supervising of a prostitution business,”[143]  this definition is limited to offenses that are specifically listed within its terms, and does not more broadly include any additional offense that “relates to” the listed offenses.  If this is accepted, a conviction of an offense that “relates to” managing a prostitution business, but is not an offense that consists in owning, controlling, managing, or supervising a prostitution business,”[144] would not be included in this aggravated felony category.

            This issue has been confronted in the context of considering whether a conviction of misprision of a felony would fall within the aggravated felony category of “an offense relating to obstruction of justice . . . .”[145]  See § 7.85, infra (conviction of misprision is not conviction of an offense “relating to” obstruction of justice).

            This issue has also arisen more frequently in the context of the controlled substances conviction ground of deportation, in which the courts have placed considerable limits on the sweep of the “relating to” phrase.  See § 7.142, infra.

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

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

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