No. 22-23
Title:Jean Francois Pugin, Petitioner
v.
Merrick B. Garland, Attorney General
Docketed:July 7, 2022
Linked with 21A608
Lower Ct:United States Court of Appeals for the Fourth Circuit
   Case Numbers:(20-1363)
   Decision Date:November 30, 2021
   Rehearing Denied:March 7, 2022
  Discretionary Court Decision Date:
Questions Presented

DateProceedings and Orders
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)
PetitionAppendixAppendix
Jul 20 2022Motion to extend the time to file a response from August 8, 2022 to September 7, 2022, submitted to The Clerk.
Main Document
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.
Main Document
Aug 08 2022Brief amici curiae of West Virginia and 8 Other States filed.
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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.
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Oct 21 2022Reply of petitioner Jean Francois Pugin filed.
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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.
Main Document
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.
Jan 31 2023SET FOR ARGUMENT on Monday, April 17, 2023. VIDED.
Feb 08 2023Record requested from the U.S.C.A.-4th Circuit.
Feb 09 2023All 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 2023Consolidated opening brief on the merits of Merrick B. Garland, Attorney General filed. VIDED.
Main DocumentProof of Service
Feb 15 2023Motion to dispense with printing the joint appendix filed by Merrick B. Garland, Attorney General. VIDED.
Main DocumentProof of Service
Feb 22 2023Brief amicus curiae of Immigration Reform Law Institute filed. VIDED.
Main DocumentCertificate of Word CountProof of Service
Mar 06 2023Motion to dispense with printing the joint appendix filed by the Solicitor General GRANTED. VIDED.
Mar 15 2023Records from the Board of Immigration Appeals were transmitted electronically.
Mar 17 2023Brief of respondent Fernando Cordero-Garcia (as to 22-331) filed.
Main DocumentCertificate of Word CountProof of Service
Mar 17 2023Brief of petitioner Jean Francois Pugin filed (as to 22-23).
Main DocumentOtherCertificate of Word CountProof of Service
Mar 17 2023Motion for divided argument filed by petitioner in No. 22-23 and respondent in No. 22-331. VIDED.
Main DocumentProof of Service
Mar 24 2023CIRCULATED
Mar 24 2023Brief amici curiae of Immigrant Defense Project, et al. filed. VIDED. (Distributed)
Main DocumentCertificate of Word CountProof of Service
Mar 24 2023Brief amicus curiae of Pacific Legal Foundation filed. VIDED. (Distributed)
Main DocumentCertificate of Word CountProof of Service
Mar 24 2023Brief amici curiae of National Immigrant Justice Center, et al. filed. VIDED. (Distributed)
Main DocumentCertificate of Word CountProof of Service
Mar 24 2023Brief amici curiae of Criminal Law Scholars filed. VIDED. (Distributed)
Main DocumentCertificate of Word CountProof of Service
Mar 24 2023Brief amicus curiae of National Association of Federal Defenders filed. VIDED. (Distributed)
Main DocumentCertificate of Word CountProof of Service
Apr 03 2023Motion for divided argument filed by petitioner in No. 22-23 and respondent in No. 22-331 GRANTED. VIDED.
Apr 07 2023Consolidated reply brief of Merrick B. Garland, Attorney General filed. VIDED (Distributed)
Main DocumentCertificate of Word Count
Apr 17 2023Argued. 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 2023Adjudged 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 2023Judgment issued.
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NAMEADDRESSPHONE
Attorneys for Petitioner
Michael R. Dreeben
    Counsel of Record
O’Melveny & Myers LLP
1625 Eye Street, NW
Washington, DC 20036

mdreeben@omm.com
202-383-5400
Party name: Jean Francois Pugin
Attorneys for Respondent
Mark Christopher Fleming
    Counsel of Record
WilmerHale
60 State Street
Boston, MA 02109

MARK.FLEMING@WILMERHALE.COM
6175266000
Party name: Fernando Cordero-Garcia
Elizabeth B. Prelogar
    Counsel of Record
United States Department of Justice 950 Pennsylvania Avenue, NW
Washington, DC 20530-0001

SUPREMECTBRIEFS@USDOJ.GOV
202-514-2217
Party name: Garland, Merrick
Martha Francine HuttonO'Melveny & Myers LLP
1625 Eye St . NW
Washington, DC 20006

MHUTTON@OMM.COM
202-383-5300
Party name: Pugin, Jean F.
Other
Christopher J. Hajec
    Counsel of Record
Immigration Reform Law Institute
25 Massachusetts Avenue NW, Suite 335
Washington, DC 20001

CHAJEC@IRLI.ORG
202-232-5590
Party name: Immigration Reform Law Institute
Michelle Shane Kallen
    Counsel of Record
Jenner & Block LLP
1099 New York Ave., NW
Suite 900
Washington, DC 20001

MKallen@jenner.com
202-639-6000
Party name: Criminal Law Scholars
Sarah Marie Konsky
    Counsel of Record
Jenner & Block Supreme Court and Appellate Clinic
University of Chicago Law School
1111 E. 60th Street
Chicago, IL 60637

KONSKY@UCHICAGO.EDU
773-834-3190
Party name: National Immigrant Justice Center et al.
Caleb Joseph Kruckenberg
    Counsel of Record
Pacific Legal Foundation
3100 Clarendon Blvd, Suite 1000
Arlington, VA 22201

CKRUCKENBERG@PACIFICLEGAL.ORG
202-888-6881
Party name: Pacific Legal Foundation
David Lee Menninger
    Counsel of Record
Office of the Federal Public Defender
321 East Second Street
Los Angeles, CA 90012

DAVID_MENNINGER@FD.ORG
2138942854
Party name: National Association of Federal Defenders
Lindsay Sara See
    Counsel of Record
Office of the West Virginia Attorney General
State Capitol Complex
Building 1, Room E-26
Charleston, WV 25305

lindsay.s.see@wvago.gov
3045582021
Party name: State of West Virginia and 8 Other States
Emma Curtis Winger
    Counsel of Record
American Immigration Council
1331 G Street, N.W., Suite 200
Washington, DC 20005

EWINGER@IMMCOUNCIL.ORG
(202) 507-7512
Party name: Immigrant Defense Project et al.