(D)  Significance of Parenthetical.  This category is defined by reference to a statute, with a parenthetical describing some of the contents of the statute.  It is possible to argue that the parenthetical is a limitation describing a portion of the statute that is included within the aggravated felony category, although there is authority going both ways depending on the exact wording. 

 

            The parenthetical “(relating to the demand for or receipt of ransom)” might be argued as limiting the offenses contained in the listed statutes that qualify as aggravated felonies, arguing the plain meaning of the language.  In another aggravated felony category, however, the BIA has held that this use of “relating to” language is “merely descriptive” and not a limitation, and so has no meaning.[555]  In other words, the BIA may hold that an aggravated felony includes conviction of any offense whatsoever under a listed statute, regardless of whether the offense actually “relates to” the subject of the parenthetical language.  See § 7.17(B), supra.

[555] See Matter of Ruiz-Romero, 22 I. & N. Dec. 486 (BIA 1999) and discussion of Alien Smuggling, § 7.32, supra.

AGGRAVATED FELONY - DRUG TRAFFICKING - USING TELEPHONE TO MAKE MISDEMEANOR DRUG PURCHASE DOES NOT FACILITATE FELONY DRUG DISTRIBUTION
Abuelhawa v. United States, 129 S.Ct. 2102 (May 26, 2009) (reversing conviction of knowingly or intentionally using a communication facility in committing or facilitating a drug distribution offense, in violation of 18 U.S.C. 843(b), on grounds that using a telephone to make a misdemeanor drug purchase does not constitute "facilitation" of felony drug distribution).