Immigration Law

Recent Posts

CA9 on Obstruction of Justice: Valenzuela Gallardo v. Barr (Valenzuela Gallardo III)
Posted on 6 Aug 2020 by Daniel M. Kowalski

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... Read More

CA8 on CIMT: Ortiz II (Obstruction)
Posted on 24 Jun 2020 by Daniel M. Kowalski

Ortiz v. Barr "[In Ortiz I, this] Court determined that a conviction under Minn. Stat. Ann. § 609.50, subdiv. 2(2) [obstruction of legal process, arrest, or firefighting] is not categorically a crime of violence—and, thus, not an aggravated... Read More

BIA on Aggravated Felony, Obstruction of Justice: Matter of Valenzuela Gallardo, 27 I&N Dec. 449 (BIA 2018)
Posted on 12 Sep 2018 by Daniel M. Kowalski

Matter of Valenzuela Gallardo, 27 I&N Dec. 449 (BIA 2018) (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... Read More

CA9 Remands Valenzuela Gallardo
Posted on 31 Mar 2016 by Daniel M. Kowalski

Valenzuela Gallardo v. Lynch, Mar. 31, 2016 - "Augustin Valenzuela Gallardo, a citizen of Mexico, pleaded guilty to violating California Penal Code § 32, accessory to a felony. An immigration judge (IJ) ordered him removed to Mexico, concluding... Read More

CA10 on CIMT, Obstruction of Justice: Vaquero-Cordero v. Holder (unpub.)
Posted on 1 Oct 2012 by Daniel M. Kowalski

"Because the BIA’s decision does not demonstrate thorough consideration of petitioner’s case, offer sufficient support for its reasoning, and is inconsistent with its earlier pronouncements on crimes involving moral turpitude, the BIA’s... Read More

Matter of Agustin VALENZUELA GALLARDO, ID 3758, 25 I&N Dec. 838 (BIA 2012)
Posted on 27 Jun 2012 by Daniel M. Kowalski

(1) A crime “relate[s] to obstruction of justice” within the meaning of section 101(a)(43)(S) of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(43)(S) (2006), if it includes the critical element of an affirmative and intentional... Read More