Seventh Circuit finds that IL Conviction for Obstruction of Justice is not an Aggravated Felony

The Seventh Circuit has determined that it has jurisdiction to review whether a petitioner was properly placed in administrative removal proceedings based on a conviction for an aggravated felony even if the petitioner does not challenge the aggravated felony finding before the Department of Homeland Security.  The court further determined that an Illinois conviction for obstruction of justice is not an aggravated felony.  In so doing, the court declined to defer to the Board of Immigration Appeals' decision in Matter of Valenzuela Gallardo, but instead referred to the definition of an obstruction-related aggravated felony in Matter of Espinoza‐Gonzalez. Because the Illinois statute at issue does not require interference with the proceedings of a tribunal, it is not categorically an aggravated felony, and the court remanded the case for further proceedings.  The court did conclude that the petitioner was improperly placed in administrative removal proceedings.

The full text of Victoria-Faustino v. Sessions can be found here:

http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2017/D08-01/C:16-1784:J:Manion:dis:T:fnOp:N:2003083:S:0

Eleventh Circuit Holds that Georgia Obstruction Conviction is a Violent Felony under ACCA

In a published decision the Eleventh Circuit determined that a felony conviction in Georgia for obstruction qualified as a violent felony under the Armed Career Criminal Act (ACCA).  Georgia’s felony obstruction statute applies only to those who obstruct a law enforcement officer “by offering or doing violence” to the officer’s person.  This includes the attempted use of physical force by “pushing, struggling, kicking and flailing arms and legs."  Thus, it has as an element the use, attempted use, or threatened use of physical force against the person of another.  Given the similar language in the ACCA's violent felony definition and a crime of violence under 18 USC 16(a), this conviction likely qualifies as a crime of violence for immigration purposes, too.

The full text of US v. Brown can be found here: http://media.ca11.uscourts.gov/opinions/pub/files/201411502.pdf