Pugin v. Garland (599 U.S. 600)

U.S. Supreme Court · decided June 22, 2023 · Supreme Court Database (Spaeth)

Citation
599 U.S. 600 · 143 S. Ct. 1833
Decided
June 22, 2023
Term
October Term 2022
Vote
6–3
Majority author
Justice Kavanaugh
Issue area
Civil Rights
Disposition
Affirmed
Outcome
Petitioning party lost
Ideological direction
Conservative

Opinion excerpt

(Slip Opinion) OCTOBER TERM, 2022 1 Syllabus NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Timber & Lumber Co., 200 U. S. 321 , 337. SUPREME COURT OF THE UNITED STATES Syllabus PUGIN v. GARLAND, ATTORNEY GENERAL CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 22–23. Argued April 17, 2023—Decided June 22, 2023* In two immigration proceedings, noncitizens Fernando Cordero-Garcia and Jean Francois Pugin were determined removable from the United States on the ground that they had convictions for aggravated felo- nies—namely, offenses “relating to obstruction of justice.” See 8 U. S. C. §§1101 (a)(43)(S), 1227(a)(2)(A)(iii). On appeal, the Ninth Cir- cuit concluded that Cordero-Garcia’s state conviction for dissuading a witness from reporting a crime did not constitute an offense “relating to obstruction of justice” because the state offense did not require that an investigation or proceeding be pending. By contrast, the Fourth Circuit concluded that Pugin’s state conviction for accessory after the fact constituted an offense “relating to obstruction of justice” even if the…

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