VALENZUELA GALLARDO v. LYNCH

No. 12-72326.

818 F.3d 808 (2016)

Augustin VALENZUELA GALLARDO, Petitioner, v. Loretta E. LYNCH, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Submitted January 5, 2015.

Filed March 31, 2016.


Attorney(s) appearing for the Case

Frank P. Sprouls , (argued) and John E. Ricci , Law Office of Ricci & Sprouls, San Francisco, CA, for Petitioner.

Rebecca Hoffberg Phillips (argued) and Imran Raza Zaidi , Trial Attorneys, and Ada Elsie Bosque , Senior Litigation Counsel, United States Department of Justice, Office of Immigration Litigation, Washington, D.C., for Respondent.

Opinion by Judge CHRISTEN; Dissent by Judge SEABRIGHT.


OPINION

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 that his conviction constituted an "offense relating to obstruction of justice" and therefore an aggravated...

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