Conviction of “obstruction of justice” is an aggravated felony if a sentence of a year or more is imposed. In Pugin v. Garland, No. 22-23 (June 22, 2023), the Supreme Court overturned the Ninth Circuit’s definition of obstruction, but failed to provide a clear definition of its own. Now some California offenses are likely aggravated felonies if there is a sentence of year or more, including Penal Code §§ 32, 69, 136.1, 148, Vehicle Code § 10851, and others.

This Advisory discusses California offenses under Pugin, and discusses California criminal sentencing dispositions that avoid a sentence of a year or more for immigration purposes.
The Central American Minors program allows qualifying children in El Salvador, Guatemala, and Honduras to enter the United States and live here lawfully if they have a parent or legal guardian in the United States with certain kinds of immigration status. This fact sheet provides information on basic eligibility and where to go for help.