Pugin v. Garland
United States Supreme Court
2023 U.S. LEXIS 2634, 143 S. Ct. 1833 (2023)
- Written by Eric Miller, JD
Facts
Fernando Cordero-Garcia (plaintiff), a Mexican national, was convicted of several offenses under California law, including dissuading a witness from reporting a crime. Jean Francois Pugin, a Mauritian national, was convicted under Virginia law of being an accessory after the fact to a felony. The Department of Justice determined that both Cordero-Garcia and Pugin were removable as noncitizens who committed aggravated felonies—in both cases, offenses involving obstruction of justice. Both Cordero-Garcia and Pugin petitioned for review. The United States Court of Appeals for the Ninth Circuit held that Cordero-Garcia’s offense did not involve obstruction of justice because no investigation or proceeding was pending. The United States Court of Appeals for the Fourth Circuit reached a much different conclusion—that Pugin’s offense involved an obstruction of justice despite the lack of a pending investigation or proceeding. The Supreme Court granted certiorari to resolve the conflict.
Rule of Law
Issue
Holding and Reasoning (Kavanaugh, J.)
Concurrence (Jackson, J.)
Dissent (Sotomayor, J.)
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