The First Circuit has determined that a Massachusetts conviction for accessory after the fact is an obstruction of justice-related aggravated felony. In so doing, the court determined that the definition of obstruction of justice unambiguously “does not require a nexus to a pending or ongoing investigation or judicial proceeding.” This widens a circuit split, with the Ninth and Third Circuits requiring a nexus to an ongoing investigation, and the Fourth Circuit and First Circuit agreeing with the Board of Immigration Appeals that an ongoing investigation is not required.
The First Circuit further determined that even assuming a nexus to an investigation is required, the Massachusetts statute meets that requirement. “To be convicted under that statute, the accessory must act with specific intent to enable a felon to ‘avoid or escape detention, arrest, trial, or punishment.’ Absent an investigation, there can be no prosecution and no detention, arrest, trial, or punishment to avoid or escape.”
The full text of Silva v. Garland can be found here: