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Immigration Law

CA9 on Obstruction of Justice: Valenzuela Gallardo v. Barr (Valenzuela Gallardo III)

Valenzuela Gallardo v. Barr (Valenzuela Gallardo III, vacating Matter of Valenzuela Gallardo, 27 I&N Dec. 449 (BIA 2018))

"Because “obstruction of justice” under § 1101(a)(43)(S) unambiguously requires a nexus to ongoing or pending proceedings, and California Penal Code § 32 does not, Valenzuela Gallardo’s state criminal conviction is not a categorical match with the aggravated felony offense charged in his Notice to Appear.13 Accordingly, we grant the petition for review and vacate the removal order."

[Hats way off for the third time to John Ricci and Frank Sprouls!]