Fernando Cordero-Garcia v. Merrick Garland

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

FERNANDO CORDERO-GARCIA, No. 19-72779 AKA Fernando Cordero, Agency No. Petitioner, A014-690-577

v.

OPINION

MERRICK B. GARLAND, Attorney General,

Respondent.

On Remand from the United States Supreme Court

Argued and Submitted May 6, 2024 San Diego, California

Filed June 27, 2024

Before: Andrew D. Hurwitz and Lawrence VanDyke, Circuit Judges, and Barry Ted Moskowitz, * District Judge.

Opinion by Judge Hurwitz

* The Honorable Barry Ted Moskowitz, United States District Judge for the Southern District of California, sitting by designation. CORDERO-GARCIA V. GARLAND

SUMMARY **

Immigration

On remand from the United States Supreme Court, Pugin v. Garland, 599 U.S. 600 (2023), the panel denied a petition for review by Fernando Cordero-Garcia and held that a conviction under Cal. Penal Code § 136.1(b)(1) qualifies as an aggravated felony—an offense “relating to obstruction of justice” for which the term of imprisonment is at least one year under 8 U.S.C. § 1101(a)(43)(S). An immigration judge found that Cordero-Garcia’s convictions of two counts of…