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 2 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 one year”). The generic federal offense of obstruction of justice is a specific intent offense involving conduct geared toward the obstruction of justice and that no pending investigation or proceeding is required. CPC § 136.1(c)(1) makes it a felony to commit certain enumerated crimes “knowingly and maliciously” where “the act is accompanied by force or by an express or implied threat of force or violence, upon a witness or victim or any third person or the property of any victim, witness, or any third person.” The five enumerated crimes are set out at CPC §§ 136.1(a)(1)-(2) and (b)(1)-(3).

* This summary constitutes no part of the opinion of the court. It has been prepared by court staff for the convenience of the reader. GODOY-AGUILAR V. GARLAND 3

Analyzing the five underlying statutes under the categorical approach, the panel concluded that none sweep more broadly than the generic federal offense. The elements of each of the underlying crimes are overlaid with CPC § 136.1(c)(1)’s additional requirements of having committed the underlying crime “knowingly and maliciously” with “an express or implied threat of force or violence.” Therefore, the panel concluded that Petitioner’s conviction under CPC § 136.1(c)(1) and sentence to 365 days in jail constitutes an aggravated felony relating to obstruction of justice.

COUNSEL David A. Lluis (argued) and Ramiro J. Lluis, Lluis Law, Los Angeles, California, for Petitioner. Craig A. Newell Jr. (argued), Trial Attorney; Lindsay B. Glauner, Senior Litigation Counsel, Criminal Immigration Team; Jennifer J. Keeney, Assistant Director; Office of Immigration Litigation; Joseph H. Hunt, Assistant Attorney General; Civil Division, United States Department of Justice, Washington, D.C.; for Respondent. 4 GODOY-AGUILAR V. GARLAND

OPINION BEA, Circuit Judge:

This case requires us to determine whether 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 under 8 U.S.C. § 1101(a)(43)(S). We conclude that it is. I. Petitioner Emerson Levi Godoy-Aguilar is a native and citizen of El Salvador. Petitioner entered the United States in 2009 as a permanent resident. In 2015, the State of California filed a Felony Complaint and, subsequently, an Information against Petitioner. Petitioner pleaded nolo contendere to a violation