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 offense relating to obstruction of justice” under 8 U.S.C. § 1101(a)(43)(S), and thus an “aggravated felony” for purposes of the Immigration and Nationality Act (“INA”)? Applying the categorical approach, we conclude that CPC § 136.1(b)(1) is not a categorical match to “an offense relating to obstruction of justice” under § 1101(a)(43)(S), which requires a nexus to an ongoing or pending proceeding or investigation, or to the federal witness tampering statute, 18 U.S.C. § 1512(b)(3), which requires the use of intimidation, threats or corrupt persuasion. Accordingly, we grant the petition for review and remand. ... For the reasons above, we hold that Cordero-Garcia’s conviction under CPC § 136.1(b)(1) is not “an offense relating to obstruction of justice” under 8 U.S.C. § 1101(a)(43)(S), and that he is not removable on that basis. We grant the petition for review and remand to the BIA for further proceedings consistent with this opinion."

[See Matter of Cordero-Garcia, 27 I&N Dec. 652 (BIA 2019).  Hats way off to Michael K. Mehr!]