United States Ninth Circuit

Aiding and abetting an attempted escape from custody does not categorically qualify as an "obstruction of justice" crime, for purposes of constituting an aggravated felony within the meaning of the Immigration and Nationality Act (INA) section 101(a)(43)(S).

Appellate Information

• Argued 11/19/2008
• Decided 12/23/2008
• Published 12/23/2008

Judges

• Before:  MYRON H. BRIGHT,MICHAEL DALY HAWKINS, and A. WALLACE TASHIMA, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• David A. Schlesinger (presented argument) and Andrea Guerrero (authored briefs), Guerrero, Jacobs & Schlesinger, LLP, San Diego, CA, for the petitioner.


• For Appellees:
  
• Colette J. Winston (presented argument) and Janice K. Redfern (authored brief), U.S. Department of Justice, Civil Division, Office of Immigration Litigation, Washington, DC, for the respondent.