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9th Cir finds bail jumping AggFel as obstruction of justice, not failure to appear Print E-mail
Thursday, 10 July 2008

Renteria-Morales v. Mukasey (9th Cir. 7/10/08)

IKUTA Thomas (Tallman dissenting)

The 9th Cir held that conviction for failing to appear in court - under a Taylor analysis - did not constitute failure to appear before a court, because the federal offense was broader (including misdemeanors and material witnesses).  Judicially noticeable documents did not show crime fell within 101(a)(43)(T).  Granting Chevron deference to the Board's understanding of 101(a)(43)(U), the CtApp found that bail jumping was an obstruction of justice crime, however, and denied the petition. 

Tallman, dissenting, would have found that it satisfied both 101(a)(43)(T) and (U).

Read opinion here: 

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Copyright (C) 2007 Alain Georgette / Copyright (C) 2006 Frantisek Hliva. All rights reserved.
 
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