BIA RULES ON OBSTRUCTION OF JUSTICE AS AN AGFEL —Matter of Agustin VALENZUELA GALLARDO, 27 I&N Dec. 449 (BIA 2018)

https://www.justice.gov/eoir/page/file/1092896/download

Matter of Agustin VALENZUELA GALLARDO, 27 I&N Dec. 449 (BIA 2018)

BIA HEADNOTE:
(1) An “offense relating to obstruction of justice” under section 101(a)(43)(S) of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(43)(S) (2012), encompasses offenses covered by chapter 73 of the Federal criminal code, 18 U.S.C. §§ 1501–1521 (2012), or any other Federal or State offense that involves (1) an affirmative and intentional attempt (2) that is motivated by a specific intent (3) to interfere either in an investigation or proceeding that is ongoing, pending, or reasonably foreseeable by the defendant, or in another’s punishment resulting from a completed proceeding. Matter of Valenzuela Gallardo, 25 I&N Dec. 838 (BIA 2012), clarified.

(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 1 year is a conviction for an aggravated felony offense relating to obstruction of justice under section 101(a)(43)(S) of the Act.

PANEL: APPELLATE IMMIGRATION JUDGES GUENDELSBERGER, MALPHRUS, LIEBOWITZ

OPINION BY:  JUDGE GARRY D. MALPHRUS

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As one of my colleagues quipped, “how does this apply to tweeting!”

PWS

09-15-18