2 Analyses of this admin-law by attorneys
BIA: Obstruction of justice aggravated felony requires intentional attempt to interfere with investigation
University of Denver Sturm College of LawOctober 18, 2012The BIA held the obstruction of justice type of aggravated felony requires that the noncitizen have made an affirmative, intentional attempt to specifically interfere with an ongoing criminal investigation or trial. Matter of Valenzuela Gallardo, 25 I&N Dec. 838, 841 (BIA 2012) (Grant, Malphrus, and Mullane, Board members). Board Member Grant wrote the panel’s decision.
10 Cir rejects retroactivity of BIA decisions which change circuit precedent
University of Denver Sturm College of LawOctober 22, 2015As with our client, the BIA asserts that those changes are owed deference by federal courts no matter how severe the impact. See, e.g., Matter of Valenzuela Gallardo, 25 I&N Dec. 838 (BIA 2012) (regarding the obstruction of justice aggravated felony); Matter of N-A-M-, 24 I&N Dec. 336 (BIA 2007) (regarding the particularly serious crime bar to withholding of removal). This week’s decision will help attorneys push back against claims by DHS and the BIA that new BIA interpretations of crime-based removal provisions ought to always apply retroactively.