Trung Thanh Hoang v. Holder
641 F.3d 1157
| 9th Cir. | 2011Background
- Hoang, a Vietnamese refugee, admitted to the United States in 1994 and became a lawful permanent resident in 1997.
- In 2000 Hoang pleaded guilty to rendering criminal assistance in the second degree under Washington Rev. Code § 9A.76.080 for aiding a person who had committed or was being sought for a crime; plea admitted providing transportation to the offender; sentenced to one year and discharged in 2002.
- Hoang's 2000 conviction led to a 2006 denial of naturalization in part due to the offense.
- In 2007 the INS charged Hoang with removal as an aggravated felon for an offense related to obstruction of justice under INA § 101(a)(43)(S).
- The IJ ordered removal; the BIA sustained the IJ in 2009; Hoang petitioned for review in this court.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether WA § 9A.76.080 qualifies as obstruction of justice under INA § 101(a)(43)(S). | Hoang argues the state offense lacks the required actus reus to be an obstruction-of-justice offense. | Holder/agency argues the offense is categorically obstruction of justice under Espinoza-Gonzalez and Batista-Hernandez. | Not categorically obstruction; remanded for modified analysis. |
| Whether Batista-Hernandez or Espinoza-Gonzalez controls, and whether Chevron deference applies to the BIA. | Batista-Hernandez governs, and BIA definitions should be given deference. | Espinoza-Gonzalez defines obstruction and the BIA interpretations are entitled to limited deference unless unreasonable. | Majority defers to Espinoza-Gonzalez's framework; Batista-Hernandez not controlling for this record; remand consistent with modified analysis. |
Key Cases Cited
- Taylor v. United States, 495 U.S. 575 (1990) (establishes the categorical approach for illegal reentry/obstruction-type crimes)
- Shepard v. United States, 544 U.S. 13 (2005) (guides the limited records examination under the modified categorical approach)
- Espinoza-Gonzalez, 22 I. & N. Dec. 889 (1999) (defines generic obstruction of justice for INA purposes)
- Batista-Hernandez, 21 I. & N. Dec. 955 (1997) (board held that accessory-after-the-fact can relate to obstruction of justice)
- Renteria-Morales v. Mukasey, 551 F.3d 1076 (2008) (de novo review of elements; defers to BIA on second question)
- Salazar-Luviano v. Mukasey, 551 F.3d 857 (2008) (discusses elements and timing of obstruction-related offenses)
- Mandujano-Real v. Mukasey, 526 F.3d 585 (2008) (procedural framework for aggravated felonies under INA)