The Board of Immigration Appeals (Board) has determined that a California conviction for witness tampering categorically matches the definition of an obstruction of justice aggravated felony because it requires interference with an ongoing or reasonably foreseeable future investigation. The Board also determined that it could permissibly apply its definition of an obstruction of justice offense from Matter of Valenzuela Gallardo II retroactively because the definition of an obstruction of justice offense has remained uncertain throughout the years of litigation between the Board and the Ninth Circuit, and as such, do not represent an abrupt departure from well-settled policy.
The full text of Matter of Cordero-Garcia can be found here: