Abisuk Sinsaeng v. Loretta E. Lynch

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS MAR 31 2016 MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT U.S. COURT OF APPEALS

ABISUK SINSAENG, No. 13-72420 Petitioner, Agency No. A037-571-413 v. MEMORANDUM* LORETTA E. LYNCH, Attorney General, Respondent.

On Petition for Review of an Order of the Board of Immigration Appeals Argued November 21, 2014 Submitted February 2, 2015 San Francisco, California Before: THOMAS, Chief Judge, CHRISTEN, Circuit Judge, and SEABRIGHT,** District Judge.

Abisuk Sinsaeng, a native and citizen of Thailand, was convicted of dissuading a victim or witness in violation of Cal. Penal Code § 136.1(b)(1). The Immigration Judge ordered him removed to Thailand, finding his conviction to be * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. an aggravated felony because it is an offense relating to obstruction of justice under 8 U.S.C. § 1101(a)(43)(S). Applying the interpretation of “obstruction of justice” articulated in In re Valenzuela Gallardo, 25 I. & N. Dec. 838 (BIA 2012), the Board of Immigration Appeals dismissed Sinsaeng’s appeal. Sinsaeng now petitions for review.1 We have jurisdiction pursuant to 8 U.S.C. § 1252(a)(2)(D). In light of our decision in Valenzuela Gallardo v. Lynch, No. 12-72326, we remand to the Board for either application of the agency interpretation announced in In re Espinoza Gonzalez, 22 I. & N. Dec. 889 (BIA 1999), or consideration of a new construction of 8 U.S.C. § 1101(a)(43)(S).

PETITION GRANTED IN PART, AND REMANDED.

FILED Sinsaeng v. Lynch, No. 13-72420 MAR 31 2016 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS SEABRIGHT, District Judge, dissenting: I respectfully dissent for the reasons stated in my dissent from the majority Opinion in Valenzuela Gallardo v. Lynch, No. 12-72326.