Opinion
No. 13-72420
03-31-2016
ABISUK SINSAENG, Petitioner, v. LORETTA E. LYNCH, Attorney General, Respondent.
NOT FOR PUBLICATION
Agency No. A037-571-413 MEMORANDUM On Petition for Review of an Order of the Board of Immigration Appeals Submitted February 2, 2015 San Francisco, California Before: THOMAS, Chief Judge, CHRISTEN, Circuit Judge, and SEABRIGHT, District Judge.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
The Honorable J. Michael Seabright, District Judge for the U.S. District Court for the District of Hawaii, sitting by designation.
Abisuk Sinsaeng, a native and citizen of Thailand, was convicted of dissuading a victim or witness in violation of Cal. Penal Code § 136.1(b)(1). The Immigration Judge ordered him removed to Thailand, finding his conviction to be an aggravated felony because it is an offense relating to obstruction of justice under 8 U.S.C. § 1101(a)(43)(S). Applying the interpretation of "obstruction of justice" articulated in In re Valenzuela Gallardo, 25 I. & N. Dec. 838 (BIA 2012), the Board of Immigration Appeals dismissed Sinsaeng's appeal. Sinsaeng now petitions for review.
The parties are familiar with the facts, so we do not recount them in detail. --------
We have jurisdiction pursuant to 8 U.S.C. § 1252(a)(2)(D). In light of our decision in Valenzuela Gallardo v. Lynch, No. 12-72326, we remand to the Board for either application of the agency interpretation announced in In re Espinoza Gonzalez, 22 I. & N. Dec. 889 (BIA 1999), or consideration of a new construction of 8 U.S.C. § 1101(a)(43)(S).
PETITION GRANTED IN PART, AND REMANDED. SEABRIGHT, District Judge, dissenting:
I respectfully dissent for the reasons stated in my dissent from the majority Opinion in Valenzuela Gallardo v. Lynch, No. 12-72326.