Dennis Zeledon Hernandez, a national of El Salvador, was ordered removed in absentia by the Executive Office for Immigration Review in 2019 after failing to appear for a hearing. The Department of Homeland Security did not issue a warrant for his removal until May 2023, following his arrest on unrelated charges in Virginia.
After being transferred to ICE custody, Zeledon escaped from the Caroline Detention Facility in July 2023. He was recaptured days later by U.S. Marshals in North Carolina.
Federal prosecutors charged Zeledon with escape and with obstructing immigration proceedings under 18 U.S.C. § 1505. The government argued that his escape obstructed two pending proceedings: the underlying immigration adjudication and ICE's execution of the removal warrant.
The district court denied Zeledon's motion to dismiss the obstruction count, ruling that the execution of an EOIR-issued removal order was part of the immigration court's proceeding. Zeledon was convicted at a bench trial and sentenced to 18 months in prison, though he was acquitted on the separate escape charge.
On appeal, Zeledon argued that the term "proceeding" in § 1505 refers only to steps leading to an agency's decision, not to post-judgment enforcement actions. The government contended that the statute encompasses agency enforcement operations.
Writing for the panel, Judge Gregory held that the plain text of § 1505 supports Zeledon's reading. The court noted that while the statute applies to proceedings before a department or agency, the immigration court had already issued its final order of removal before Zeledon escaped.
The Fourth Circuit reversed the district court's determination, vacated Zeledon's conviction, and remanded the case for further proceedings.