Safe Havens

(D)  “Relating To” Language.  Some of the statutes referred to in the aggravated felony category definitions are accompanied by parenthetical phrases that appear to limit the offenses named, e.g., “(relating to national defense information).”  In another aggravated felony category the BIA has held that this “relating to” language is “merely descriptive” and not limiting, and so has no meaning.[318]  In the commercial bribery category, the language “relating to” is not contained in a parenthetical, but is in the plain language of the statute, indicating an obvious desire on the part of Congress to give the language its full meaning.  The arguments that certain offenses are insufficiently related to the substantive offenses described in this aggravated felony category are therefore available on which to base an argument that a certain conviction does not fall within this category.  See § 7.142, infra.

[318] See Matter of Ruiz-Romero, 22 I. & N. Dec. 486 (BIA 1999).