Augustin Valenzuela Gallardo v. Loretta E. Lynch

For several reasons, I respectfully disagree with the majority Opinion, and dissent.

I. Overview

First, In re Valenzuela Gallardo, 25 I. & N. Dec. 838 (B.I.A.2012),did not announce a new Board of Immigration Appeals (“BIA”) interpretation that removed a required nexus between an obstructive act and an existing proceeding, thereby rendering its interpretation vague. The majority Opinion concludes that Valenzuela Gallardo raises grave constitutional vagueness concerns by changing a well-settled BIA construction, and gives the BIA an option of applying its “previous interpretation” on remand.- But…