from the United States Court of Appeals for the Fourth Circuit
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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.
Consolidated reply brief of Merrick B. Garland, Attorney General filed. VIDED (Distributed)
Motion for divided argument filed by petitioner in No. 22-23 and respondent in No. 22-331 GRANTED. VIDED.
Brief amici curiae of National Immigrant Justice Center, et al. filed. VIDED. (Distributed)
Brief amici curiae of Immigrant Defense Project, et al. filed. VIDED. (Distributed)
Brief of petitioner Jean Francois Pugin filed (as to 22-23).
Motion for divided argument filed by petitioner in No. 22-23 and respondent in No. 22-331. VIDED.
Brief of respondent Fernando Cordero-Garcia (as to 22-331) filed.
SET FOR ARGUMENT on Monday, April 17, 2023. VIDED.
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.
Letter proposing a briefing schedule filed by the Solicitor General on behalf of the parties. VIDED.
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.”
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).
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.
Reply of petitioner Jean Francois Pugin filed.
Brief of respondent Merrick B. Garland, Attorney General filed.
Motion to extend the time to file a response is granted and the time is further extended to and including October 7, 2022.
Motion to extend the time to file a response from September 7, 2022 to October 7, 2022, submitted to The Clerk.
Brief amicus curiae of Pacific Legal Foundation filed.
Motion to extend the time to file a response is granted and the time is extended to and including September 7, 2022.
Motion to extend the time to file a response from August 8, 2022 to September 7, 2022, submitted to The Clerk.
Petition for a writ of certiorari filed. (Response due August 8, 2022)
Application (21A608) granted by The Chief Justice extending the time to file until July 6, 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.
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.
Jean Francois Pugin, Petitioner, represented by Michael R. Dreeben
Fernando Cordero-Garcia, Respondent, represented by Mark Christopher Fleming
Garland, Merrick, Respondent, represented by Elizabeth B. Prelogar
Criminal Law Scholars, Amicus Curiae, represented by Michelle Shane Kallen
Immigrant Defense Project et al., Amicus Curiae, represented by Emma Curtis Winger
National Association of Federal Defenders, Amicus Curiae, represented by David Lee Menninger
National Immigrant Justice Center et al., Amicus Curiae, represented by Sarah Marie Konsky
Pacific Legal Foundation, Amicus Curiae, represented by Caleb Joseph Kruckenberg
State of West Virginia and 8 Other States, Amicus Curiae, represented by Lindsay Sara See