COURT OF APPEALS OF VIRGINIA Present: Judges Beales, Russell and AtLee Argued at Richmond, Virginia UNPUBLISHED EDUARDO NICANOR MENDEZ MEMORANDUM OPINION* BY v. Record No. 0152-18-2 JUDGE WESLEY G. RUSSELL, JR. MARCH 12, 2019 COMMONWEALTH OF VIRGINIA FROM THE CIRCUIT COURT OF ALBEMARLE COUNTY Melvin R. Hughes, Jr., Judge Designate Bryan Jones for appellant. John I. Jones, IV, Assistant Attorney General (Mark R. Herring, Attorney General; Brittany A. Dunn-Pirio, Assistant Attorney General, on brief), for appellee. Eduardo Nicanor Mendez appeals the judgment of the Circuit Court of Albemarle County convicting him of two counts of felony obstruction of justice in violation of Code § 18.2-460(C). On appeal, he argues the evidence was insufficient to support his convictions because the threats he made against a deputy Commonwealth’s attorney and an arresting officer did not relate to an enumerated felony as required by Code § 18.2-460(C). Alternatively, Mendez argues that his threatening statements to the arresting officer cannot serve as the basis for an obstruction of justice conviction because the officer “was able to administer justice” in the face of the threat, and therefore, was not obstructed in the performance of his duties. * Pursuant to Code § 17.1-413, this opinion is not designated for publication. BACKGROUND “Under well-settled principles of appellate review, we consider the evidence presented at trial in the light most favorable to the Commonwealth, the prevailing party below.” Bolden v. Commonwealth, 275 Va. 144, 148 (2008). In 2009, Mendez was the victim of a criminal assault in which he suffered “a grievous injury,” the effects of which he still suffers. An Albemarle County deputy Commonwealth’s attorney (the “DCA”) prosecuted Mendez’s attacker. Mendez cooperated in the prosecution of his assailant, who ultimately pled guilty to unlawful wounding. Over the next few years, Mendez repeatedly contacted the DCA, requesting assistance in paying medical bills related to his injury and in obtaining a U-visa. Relevant here, a U-visa is a special class of visa that grants permanent status to individuals who have assisted law enforcement in the prosecution of criminal activity. See 8 U.S.C. § 1101(a)(15)(U). To obtain a U-visa, an applicant’s assistance to law enforcement must be certified by a designated official or entity, which includes a prosecutor’s office. See 8 U.S.C. § 1184(p)(1). The DCA advised Mendez to contact an immigration lawyer for help in obtaining a U-visa. Mendez continued to telephone the DCA and to stop by her office asking for help. The Commonwealth Attorney’s office received a letter from Mendez’s immigration attorney on February 25, 2014 requesting a U-visa certification. On March 10, 2014, the DCA informed Mendez that she was sorry, but her office would not give him the U-visa certification because Mendez was facing criminal charges. According to the DCA, the existence of those charges represented a “legal bar” to Mendez receiving the certification. The DCA informed Mendez that once her office had made a determination regarding a U-visa certification the decision was final. The DCA sent a letter to Mendez’s immigration lawyer informing of ...
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