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New Fifth Circuit Decision on Obstruction of Justice as an Aggravated Felony

Writer's picture: Noha Immigration LawNoha Immigration Law

The Fifth Circuit Court of Appeals held recently that a Louisiana state conviction for accessory-after-the-fact, was not an obstruction of justice aggravated felony under immigration law, because Louisiana state law does not require that the defendant have the "specific" intent to evade arrest, trial, conviction or punishment. In Louisiana, "general" intent is enough. The difference between specific and general intent? With general intent, you are fully aware of what you are doing, even if you don't know what the consequence of your action is. With a specific intent crime, you actually intend the outcome. Read the full Fifth Circuit decision here: Orellana v. Garland. #crimmigration #obstructionofjustice #aggravatedfelony


woman evading police


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