(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).

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)).

AGGRAVATED FELONY " COMMERCIAL BRIBERY " DEFINITION
Although the BIA did not specify a definition of commercial bribery that it would officially adopt for aggravated felony purpose, the court cited the following definitions in finding that a conviction under 18 U.S.C. 201(b)(1)(A), bribery of a public official, was not an aggravated felony commercial bribery offense: Blacks Law Dictionary 204 (8th ed. 2004) defines commercial bribery as follows: 1. The knowing solicitation or acceptance of a benefit in exchange for violating an oath of fidelity, such as that owed by an employee, partner, trustee, or attorney. Model Penal Code 224.8(1). 2. A supposedly disinterested appraisers acceptance of a benefit that influences the appraisal of goods or services. Model Penal Code 224.8(2). 3. Corrupt dealing with the agents or employees of prospective buyers to secure an advantage over business competitors. Section 224.8 of the Model Penal Code defines commercial bribery as follows: (1) A person commits a misdemeanor if he solicits, accepts or agrees to accept any benefit as consideration for knowingly violating or agreeing to violate a duty of fidelity to which he is subject as: (a) partner, agent, or employee of another; (b) trustee, guardian, or other fiduciary; (c) lawyer, physician, accountant, appraiser, or other professional adviser or informant; (d) officer, director, manager or other participant in the direction of the affairs of an incorporated or unincorporated association; or (e) arbitrator or other purportedly disinterested adjudicator or referee. (2) A person who holds himself out to the public as being engaged in the business of making disinterested selection, appraisal, or criticism of commodities or services commits a misdemeanor if he solicits, accepts or agrees to accept any benefit to influence his selection, appraisal or criticism. (3) A person commits a misdemeanor if he confers, or offers or agrees to confer, any benefit the acceptance of which would be criminal under this Section. Matter of Gruenangerl, 25 I. & N. Dec. 351, 356 (BIA 2010).