Pugin v. Garland
Consolidated with:
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 22-23 | 4th Cir. | Apr 17, 2023 | Jun 22, 2023 | 6-3 | Kavanaugh | OT 2022 |
Holding: An offense may "relate to" obstruction of justice under the Immigration and Nationality Act"s definition of an "aggravated felony," 8 U.S.C. " 1101(a)(43)(S), even if the offense does not require that an investigation or proceeding be pending.
Judgment: Reversed and remanded, 6-3, in an opinion by Justice Kavanaugh on June 22, 2023. Justice Jackson filed a concurring opinion. Justice Sotomayor filed a dissenting opinion, in which Justice Gorsuch joined, and in which Justice Kagan joined as to all but Part III.
SCOTUSblog Coverage
- Court expands governments ability to deport noncitizens for offenses related to obstruction of justice (Karen Pita Loor and Cassidy Heverling, June 24, 2023)
- No clear path on how court will rule after oral arguments in two immigration cases Monday (Karen Pita Loor and Cassidy Heverling, April 20, 2023)
- Pair of immigration cases come to the court on key issue in some deportation proceedings (Karen Pita Loor and Cassidy Heverling, April 14, 2023)
- Court schedules final two argument sessions of 2022-23 term (Amy Howe, January 31, 2023)
- Court grants review in new batch of cases, including dispute on religious rights of employees (Amy Howe, January 13, 2023)
- Relist-palooza: Religious exercise, the False Claims Act, takings clause, RICO, bank secrecy, and more (John Elwood, January 11, 2023)
| Date | Proceedings and Orders |
|---|---|
| 04/12/2022 | Application (21A608) to extend the time to file a petition for a writ of certiorari from June 5, 2022 to July 6, 2022, submitted to The Chief Justice. |
| 04/12/2022 | Pursuant to Rule 34.6 and Paragraph 9 of the Guidelines for the Submission of Documents to the Supreme Court's Electronic Filing System, filings in this case should be submitted in paper form only, and should not be submitted through the Court's electronic filing system. |
| 04/19/2022 | Application (21A608) granted by The Chief Justice extending the time to file until July 6, 2022. |
| 07/05/2022 | Petition for a writ of certiorari filed. (Response due August 8, 2022) |
| 07/20/2022 | Motion to extend the time to file a response from August 8, 2022 to September 7, 2022, submitted to The Clerk. |
| 07/21/2022 | Motion to extend the time to file a response is granted and the time is extended to and including September 7, 2022. |
| 08/05/2022 | Brief amicus curiae of Pacific Legal Foundation filed. |
| 08/08/2022 | Brief amici curiae of West Virginia and 8 Other States filed. |
| 08/31/2022 | Motion to extend the time to file a response from September 7, 2022 to October 7, 2022, submitted to The Clerk. |
| 09/01/2022 | Motion to extend the time to file a response is granted and the time is further extended to and including October 7, 2022. |
| 10/07/2022 | Brief of respondent Merrick B. Garland, Attorney General filed. |
| 10/21/2022 | Reply of petitioner Jean Francois Pugin filed. |
| 10/25/2022 | DISTRIBUTED for Conference of 11/10/2022. |
| 11/02/2022 | Rescheduled. |
| 12/21/2022 | DISTRIBUTED for Conference of 1/6/2023. |
| 01/09/2023 | DISTRIBUTED for Conference of 1/13/2023. |
| 01/13/2023 | Petition GRANTED. The petition for a writ of certiorari in No. 22-331 is GRANTED. The petitions are granted limited to the following question: To qualify as “an offense relating to obstruction of justice,” 8 U.S.C. §1101(a)(43)(S), must a predicate offense require a nexus with a pending or ongoing investigation or judicial proceeding? The cases are consolidated, and a total of one hour is allotted for oral argument. VIDED. (Corrected order - 1/18/23). |
| 01/13/2023 | Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 22-23. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 22-23. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the filing is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.” |
| 01/13/2023 | As Rule 34.6 provides, “If the Court schedules briefing and oral argument in a case that was governed by Federal Rule of Civil Procedure 5.2(c) or Federal Rule of Criminal Procedure 49.1(c), the parties shall submit electronic versions of all prior and subsequent filings with this Court in the case, subject to [applicable] redaction rules.” Subsequent party and amicus filings in the case should now be submitted through the Court’s electronic filing system, with any necessary redactions. |
| 01/26/2023 | Letter proposing a briefing schedule filed by the Solicitor General on behalf of the parties. VIDED. |
| 01/30/2023 | The briefing proposal set forth in the Solicitor General’s letter of January 26, 2023, is adopted. The Solicitor General shall file consolidated opening and reply briefs on the merits under the schedules set forth in Rules 25.1 and 25.3. The consolidated opening brief on the merits is limited to 17,000 words, and the consolidated reply brief is limited to 9,000 words. Any brief of an amicus curiae in support, or in support of neither party, shall bear a light green cover. Petitioner in No. 22-23 and respondent in No. 22-331 may each file a brief on the merits under the schedule set forth in Rule 25.2, and the briefs shall bear light red covers. Any brief of an amicus curiae in support shall bear a dark green cover. VIDED. |
| 01/31/2023 | SET FOR ARGUMENT on Monday, April 17, 2023. VIDED. |
| 02/08/2023 | Record requested from the U.S.C.A.-4th Circuit. |
| 02/09/2023 | All sealed records from the USCA-4th Circuit were transmitted electronically. The remaining 4th Circuit documents are available on PACER. The record request was also transmitted to the lower court. |
| 02/15/2023 | Consolidated opening brief on the merits of Merrick B. Garland, Attorney General filed. VIDED. |
| 02/15/2023 | Motion to dispense with printing the joint appendix filed by Merrick B. Garland, Attorney General. VIDED. |
| 02/22/2023 | Brief amicus curiae of Immigration Reform Law Institute filed. VIDED. |
| 03/06/2023 | Motion to dispense with printing the joint appendix filed by the Solicitor General GRANTED. VIDED. |
| 03/15/2023 | Records from the Board of Immigration Appeals were transmitted electronically. |
| 03/17/2023 | Brief of respondent Fernando Cordero-Garcia (as to 22-331) filed. |
| 03/17/2023 | Brief of petitioner Jean Francois Pugin filed (as to 22-23). |
| 03/17/2023 | Motion for divided argument filed by petitioner in No. 22-23 and respondent in No. 22-331. VIDED. |
| 03/24/2023 | CIRCULATED |
| 03/24/2023 | Brief amici curiae of Immigrant Defense Project, et al. filed. VIDED. (Distributed) |
| 03/24/2023 | Brief amicus curiae of Pacific Legal Foundation filed. VIDED. (Distributed) |
| 03/24/2023 | Brief amici curiae of National Immigrant Justice Center, et al. filed. VIDED. (Distributed) |
| 03/24/2023 | Brief amici curiae of Criminal Law Scholars filed. VIDED. (Distributed) |
| 03/24/2023 | Brief amicus curiae of National Association of Federal Defenders filed. VIDED. (Distributed) |
| 04/03/2023 | Motion for divided argument filed by petitioner in No. 22-23 and respondent in No. 22-331 GRANTED. VIDED. |
| 04/07/2023 | Consolidated reply brief of Merrick B. Garland, Attorney General filed. VIDED (Distributed) |
| 04/17/2023 | Argued. For Merrick B. Garland, Attorney General: Curtis E. Gannon, Deputy Solicitor General, Department of Justice, Washington, D. C. For Jean Francois Pugin: Martha Hutton, Washington, D. C. For Fernando Cordero-Garcia: Mark C. Fleming, Boston, Mass. VIDED. |
| 06/22/2023 | Adjudged to be AFFIRMED (as to No. 22-23); Judgment REVERSED and case REMANDED (as to No. 22-331). Kavanaugh, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Alito, Barrett,, and Jackson, JJ., joined. Jackson, J., filed a concurring opinion. Sotomayor, J., filed a dissenting opinion, in which Gorsuch, J., joined, and in which Kagan, J., joined as to all but Part III. VIDED. |
| 07/24/2023 | Judgment issued. |