Jorge Espinoza-Lugo v. Loretta E. Lynch , 647 F. App'x 699 ( 2016 )

FILED
NOT FOR PUBLICATION MAR 31 2016
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
JORGE ESPINOZA-LUGO, AKA Jorge No. 12-72465
Espinoza, AKA Jorge Espinosa Lugo,
AKA Jorge Espinoza Lugo, Agency No. A046-990-134
Petitioner,
MEMORANDUM*
v.
LORETTA E. LYNCH, Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Argued November 21, 2014
Submitted December 30, 2014
San Francisco, California
Before: THOMAS, Chief Judge, CHRISTEN, Circuit Judge, and SEABRIGHT,**
District Judge.
Jorge Espinoza-Lugo, native and citizen of Mexico, was convicted of
accessory to a felony under California Penal Code § 32. An Immigration 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.
ordered him removed to Mexico, determining 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 Espinoza-Lugo’s appeal. Espinoza-Lugo
now petitions for review.1
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.
1
The parties are familiar with the facts, so we do not recount them in
detail.
FILED
Espinoza-Lugo v. Lynch, No. 12-72465 MAR 31 2016
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
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.