United States Ninth Circuit
Gallardo v Lynch, 12-72326
In an immigration action, the petition for review of the immigration judge's order to remove petitioner to Mexico, following his guilty plea to accessory to a felony, in violation of California Penal Code section 32, is granted where the Board of Immigration Appeals' (BIA) new interpretation of 'obstruction of justice' under section 101(a)(43)(S) of the Immigration and Nationality Act is unconstitutionally vague. The court remanded the case for the BIA to apply the old standard or devise a new construction.
Appellate Information
- Decided
- Published 2016/03/31
Judges
- CHRISTEN
Court
- United States Ninth Circuit