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CORDERO-GARCIA v. GARLAND

No. 19-72779.

44 F.4th 1181 (2022)

Fernando CORDERO-GARCIA, aka Fernando Cordero, Petitioner, v. Merrick B. GARLAND, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed August 15, 2022.

Attorney(s) appearing for the Case

Michael K. Mehr (argued), Mehr & Soto LLP, Santa Cruz, California, for Petitioner.

Rebecca Hoffberg Phillips (argued), Trial Attorney; John S. Hogan , Assistant Director; Brian Boynton , Acting Assistant Attorney General; Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, D.C., for Respondent.

Dissent by Judge VanDyke.

OPINION

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...

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