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aggravated felony
ca10
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Daniel M. Kowalski
7 months ago
Immigration Law
Inside News
CA9 (2-1) Overturns Cordero-Garcia
Cordero-Garcia v. Garland "This petition for review presents the following question: is dissuading or attempting to dissuade a witness from reporting a crime, in violation of California Penal Code (“CPC”) § 136.1(b)(1), “an...
Daniel M. Kowalski
over 1 year ago
Immigration Law
Inside News
CA4 Denies Reh. En Banc in Pugin v. Garland (Obstruction of Justice)
Pugin v. Garland ("Pugin II") See Chief Judge Gregory 's dissent: "I respectfully dissent from this court’s denial of rehearing en banc on the issue of whether to grant Chevron deference to the Board of Immigration’s ...
Daniel M. Kowalski
over 2 years ago
Immigration Law
Inside News
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...
Daniel M. Kowalski
over 2 years ago
Immigration Law
Inside News
CA8 on CIMT: Ortiz II (Obstruction)
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...
Daniel M. Kowalski
over 4 years ago
Immigration Law
Inside News
BIA on Aggravated Felony, Obstruction of Justice: Matter of Valenzuela Gallardo, 27 I&N Dec. 449 (BIA 2018)
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...
Daniel M. Kowalski
over 6 years ago
Immigration Law
News Headlines
CA9 Remands Valenzuela Gallardo
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...
Mike Koehler
over 9 years ago
Corporate
FCPA & Compliance Law Blog
Parker Drilling Resolves FCPA Enforcement Action Involving Conduct in Nigeria
It's been quite a week on the FCPA enforcement front. On Monday, the DOJ announced ( here ) criminal obstruction of justice charges against "Frederic Cilins a French citizen [for] attempting to obstruct an ongoing investigation into whether...
Daniel M. Kowalski
over 10 years ago
Immigration Law
Inside News
CA10 on CIMT, Obstruction of Justice: Vaquero-Cordero v. Holder (unpub.)
"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...
Daniel M. Kowalski
over 10 years ago
Immigration Law
Inside News
Matter of Agustin VALENZUELA GALLARDO, ID 3758, 25 I&N Dec. 838 (BIA 2012)
(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...