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 government’s 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 |
|---|---|
| Apr 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. |
| Apr 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. |
| Apr 19 2022 | Application (21A608) granted by The Chief Justice extending the time to file until July 6, 2022. |
| Jul 05 2022 | Petition for a writ of certiorari filed. (Response due August 8, 2022) |
| Jul 20 2022 | Motion to extend the time to file a response from August 8, 2022 to September 7, 2022, submitted to The Clerk. |
| Jul 21 2022 | Motion to extend the time to file a response is granted and the time is extended to and including September 7, 2022. |
| Aug 05 2022 | Brief amicus curiae of Pacific Legal Foundation filed. |
| Aug 08 2022 | Brief amici curiae of West Virginia and 8 Other States filed. |
| Aug 31 2022 | Motion to extend the time to file a response from September 7, 2022 to October 7, 2022, submitted to The Clerk. |
| Sep 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. |
| Oct 07 2022 | Brief of respondent Merrick B. Garland, Attorney General filed. |
| Oct 21 2022 | Reply of petitioner Jean Francois Pugin filed. |
| Oct 25 2022 | DISTRIBUTED for Conference of 11/10/2022. |
| Nov 02 2022 | Rescheduled. |
| Dec 21 2022 | DISTRIBUTED for Conference of 1/6/2023. |
| Jan 09 2023 | DISTRIBUTED for Conference of 1/13/2023. |
| Jan 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). |
| Jan 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.” |
| Jan 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. |
| Jan 26 2023 | Letter proposing a briefing schedule filed by the Solicitor General on behalf of the parties. VIDED. |
| Jan 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. |
| Jan 31 2023 | SET FOR ARGUMENT on Monday, April 17, 2023. VIDED. |
| Feb 08 2023 | Record requested from the U.S.C.A.-4th Circuit. |
| Feb 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. |
| Feb 15 2023 | Consolidated opening brief on the merits of Merrick B. Garland, Attorney General filed. VIDED. |
| Feb 15 2023 | Motion to dispense with printing the joint appendix filed by Merrick B. Garland, Attorney General. VIDED. |
| Feb 22 2023 | Brief amicus curiae of Immigration Reform Law Institute filed. VIDED. |
| Mar 06 2023 | Motion to dispense with printing the joint appendix filed by the Solicitor General GRANTED. VIDED. |
| Mar 15 2023 | Records from the Board of Immigration Appeals were transmitted electronically. |
| Mar 17 2023 | Brief of respondent Fernando Cordero-Garcia (as to 22-331) filed. |
| Mar 17 2023 | Brief of petitioner Jean Francois Pugin filed (as to 22-23). |
| Mar 17 2023 | Motion for divided argument filed by petitioner in No. 22-23 and respondent in No. 22-331. VIDED. |
| Mar 24 2023 | CIRCULATED |
| Mar 24 2023 | Brief amici curiae of Immigrant Defense Project, et al. filed. VIDED. (Distributed) |
| Mar 24 2023 | Brief amicus curiae of Pacific Legal Foundation filed. VIDED. (Distributed) |
| Mar 24 2023 | Brief amici curiae of National Immigrant Justice Center, et al. filed. VIDED. (Distributed) |
| Mar 24 2023 | Brief amici curiae of Criminal Law Scholars filed. VIDED. (Distributed) |
| Mar 24 2023 | Brief amicus curiae of National Association of Federal Defenders filed. VIDED. (Distributed) |
| Apr 03 2023 | Motion for divided argument filed by petitioner in No. 22-23 and respondent in No. 22-331 GRANTED. VIDED. |
| Apr 07 2023 | Consolidated reply brief of Merrick B. Garland, Attorney General filed. VIDED (Distributed) |
| Apr 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. |
| Jun 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. |
| Jul 24 2023 | Judgment issued. |
