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Pugin v. Garland

Consolidated with:

Docket No. Op. Below Argument Opinion Vote Author Term
22-23 4th Cir. TBD TBD TBD TBD OT 2022

Issues: 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?

DateProceedings and Orders (key to color coding)
Apr 12 2022Application (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 2022Pursuant 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 2022Application (21A608) granted by The Chief Justice extending the time to file until July 6, 2022.
Jul 05 2022Petition for a writ of certiorari filed. (Response due August 8, 2022)
Jul 20 2022Motion to extend the time to file a response from August 8, 2022 to September 7, 2022, submitted to The Clerk.
Jul 21 2022Motion to extend the time to file a response is granted and the time is extended to and including September 7, 2022.
Aug 05 2022Brief amicus curiae of Pacific Legal Foundation filed.
Aug 08 2022Brief amici curiae of West Virginia and 8 Other States filed.
Aug 31 2022Motion to extend the time to file a response from September 7, 2022 to October 7, 2022, submitted to The Clerk.
Sep 01 2022Motion to extend the time to file a response is granted and the time is further extended to and including October 7, 2022.
Oct 07 2022Brief of respondent Merrick B. Garland, Attorney General filed.
Oct 21 2022Reply of petitioner Jean Francois Pugin filed.
Oct 25 2022DISTRIBUTED for Conference of 11/10/2022.
Nov 02 2022Rescheduled.
Dec 21 2022DISTRIBUTED for Conference of 1/6/2023.
Jan 09 2023DISTRIBUTED for Conference of 1/13/2023.
Jan 13 2023Petition 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 2023Because 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 2023As 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 2023Letter proposing a briefing schedule filed by the Solicitor General on behalf of the parties. VIDED.
Jan 30 2023The 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.