California Penal Code 2800.2, eluding an officer, should not be considered an obstruction of justice offense within the meaning of INA 101(a)(43)(S), 8 U.S.C. 1101(a)(43)(S). See Matter of Espinoza, 22 I. & N. Dec. 894 (BIA 1999) ("We do not believe that every offense that, by its nature, would tend to "obstruct justice" is an offense that should properly be classified as "obstruction of justice." The United States Code delineates a circumscribed set of offenses that constitute "obstruction of justice," and although misprision of a felony bears some resemblance to these offenses, it lacks the critical element of an affirmative and intentional attempt, motivated by a specific intent, to interfere with the process of justice.").

jurisdiction: 
BIA

 

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