Emerson Godoy-Aguilar v. Merrick Garland

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

EMERSON LEVI GODOY- No. 19-70960

AGUILAR,

Agency No. Petitioner, A060-914-616

v.

OPINION

MERRICK B. GARLAND, Attorney General,

Respondent.

On Petition for Review of an Order of the Board of Immigration Appeals

Argued and Submitted December 6, 2024 Pasadena, California

Filed January 13, 2025

Before: Carlos T. Bea, Kenneth K. Lee, and Lucy H. Koh, Circuit Judges.

Opinion by Judge Bea GODOY-AGUILAR V. GARLAND

SUMMARY*

Immigration

Denying Emerson Levi Godoy-Aguilar’s petition for review of a decision of the Board of Immigration Appeals, the panel concluded that California Penal Code (“CPC”) § 136.1(c)(1) is a categorical match for the generic federal offense of an aggravated felony relating to obstruction of justice. Based on a conviction under CPC § 136.1(c)(1) (dissuading a witness by force or threat), Petitioner was ordered removed for having committed an aggravated felony under 8 U.S.C. § 1101(a)(43)(S) (defining “aggravated felony” to include “an offense relating to obstruction of justice . . . for which the term of imprisonment is at least…