In an unpublished decision in May, 2011, the BIA held that fleeing a peace officer is not an offense relating to obstruction of justice.
This is a helpful decision, because it appears to be a departure from previous BIA analysis about fleeing. The Board held in Matter of Espinoza-Gonzales, 22 I&N Dec. 889 (BIA 1999) that “obstruction of justice,” includes: (1) “either active interference with proceedings of a tribunal or investigation, or action or threat of action against those who would cooperate in the process of justice,” and (2) an intent element defined as a “specific intent to interfere with the process of justice.'”