Matter of Agustin Valenzuela Gallardo

Summary

The Board of Immigration Appeals held that an offense relating to obstruction of justice under INA section 101(a)(43)(S) is a specific-intent offense involving an affirmative and intentional attempt to interfere with the process of justice and law. It further held that a conviction for accessory to a felony under California Penal Code section 32, resulting in a term of imprisonment of at least one year, categorically qualifies as such an aggravated felony. The Board dismissed the respondent's appeal and found him removable as charged.

Holdings

1. An offense relating to obstruction of justice under INA section 101(a)(43)(S) is a specific-intent offense involving an affirmative and intentional attempt to interfere with the process of justice and law; it does not require that an investigation or proceeding be pending.
2. A conviction for accessory to a felony under section 32 of the California Penal Code that results in a term of imprisonment of at least one year categorically qualifies as an offense relating to obstruction of justice under INA section 101(a)(43)(S), making the respondent removable as charged under INA section 237(a)(2)(A)(iii).

Questions Presented

1. Whether an offense relating to obstruction of justice under INA section 101(a)(43)(S) requires a pending or ongoing investigation or proceeding.
2. Whether a conviction for accessory to a felony under section 32 of the California Penal Code, resulting in a term of imprisonment of at least one year, categorically qualifies as an aggravated felony relating to obstruction of justice under INA section 101(a)(43)(S).

Disposition

dismissed