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
Questions Presented
 
Proceedings and Orders
Apr 12 2022 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.
Apr 12 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.
Apr 19 2022 Application (21A608) granted by The Chief Justice extending the time to file until July 6, 2022.
Jul 05 2022 Petition for a writ of certiorari filed. (Response due August 8, 2022)
Petition Appendix Appendix
Jul 20 2022 Motion to extend the time to file a response from August 8, 2022 to September 7, 2022, submitted to The Clerk.
Main Document
Jul 21 2022 Motion to extend the time to file a response is granted and the time is extended to and including September 7, 2022.
Aug 05 2022 Brief amicus curiae of Pacific Legal Foundation filed.
Main Document
Aug 08 2022 Brief amici curiae of West Virginia and 8 Other States filed.
Main Document
Aug 31 2022 Motion to extend the time to file a response from September 7, 2022 to October 7, 2022, submitted to The Clerk.
Sep 01 2022 Motion to extend the time to file a response is granted and the time is further extended to and including October 7, 2022.
Oct 07 2022 Brief of respondent Merrick B. Garland, Attorney General filed.
Main Document
Oct 21 2022 Reply of petitioner Jean Francois Pugin filed.
Main Document
Oct 25 2022 DISTRIBUTED for Conference of 11/10/2022.
Nov 02 2022 Rescheduled.
Dec 21 2022 DISTRIBUTED for Conference of 1/6/2023.
Jan 09 2023 DISTRIBUTED for Conference of 1/13/2023.
Jan 13 2023 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).
Jan 13 2023 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.”
Jan 13 2023 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.
Jan 26 2023 Letter proposing a briefing schedule filed by the Solicitor General on behalf of the parties. VIDED.
Main Document
Jan 30 2023 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.
Jan 31 2023 SET FOR ARGUMENT on Monday, April 17, 2023. VIDED.
Feb 08 2023 Record requested from the U.S.C.A.-4th Circuit.
Feb 09 2023 All 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 2023 Consolidated opening brief on the merits of Merrick B. Garland, Attorney General filed. VIDED.
Main Document Proof of Service
Feb 15 2023 Motion to dispense with printing the joint appendix filed by Merrick B. Garland, Attorney General. VIDED.
Main Document Proof of Service
Feb 22 2023 Brief amicus curiae of Immigration Reform Law Institute filed. VIDED.
Main Document Certificate of Word Count Proof of Service
Mar 06 2023 Motion to dispense with printing the joint appendix filed by the Solicitor General GRANTED. VIDED.
Mar 15 2023 Records from the Board of Immigration Appeals were transmitted electronically.
Mar 17 2023 Brief of respondent Fernando Cordero-Garcia (as to 22-331) filed.
Main Document Certificate of Word Count Proof of Service
Mar 17 2023 Brief of petitioner Jean Francois Pugin filed (as to 22-23).
Main Document Other Certificate of Word Count Proof of Service
Mar 17 2023 Motion for divided argument filed by petitioner in No. 22-23 and respondent in No. 22-331. VIDED.
Main Document Proof of Service
Mar 24 2023 CIRCULATED
Mar 24 2023 Brief amici curiae of Immigrant Defense Project, et al. filed. VIDED. (Distributed)
Main Document Certificate of Word Count Proof of Service
Mar 24 2023 Brief amicus curiae of Pacific Legal Foundation filed. VIDED. (Distributed)
Main Document Certificate of Word Count Proof of Service
Mar 24 2023 Brief amici curiae of National Immigrant Justice Center, et al. filed. VIDED. (Distributed)
Main Document Certificate of Word Count Proof of Service
Mar 24 2023 Brief amici curiae of Criminal Law Scholars filed. VIDED. (Distributed)
Main Document Certificate of Word Count Proof of Service
Mar 24 2023 Brief amicus curiae of National Association of Federal Defenders filed. VIDED. (Distributed)
Main Document Certificate of Word Count Proof of Service
Apr 03 2023 Motion for divided argument filed by petitioner in No. 22-23 and respondent in No. 22-331 GRANTED. VIDED.
Apr 07 2023 Consolidated reply brief of Merrick B. Garland, Attorney General filed. VIDED (Distributed)
Main Document Certificate of Word Count
Apr 17 2023 Argued. 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 2023 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.
Jul 24 2023 Judgment issued.
Main Document
Attorneys
Attorneys for Petitioners
Michael R. Dreeben
Counsel of Record
O’Melveny & Myers LLP
1625 Eye Street, NW
Washington, DC 20036

mdreeben@omm.com
Ph: 202-383-5400
Party name: Jean Francois Pugin


Attorneys for Respondents
Mark Christopher Fleming
Counsel of Record
WilmerHale
60 State Street
Boston, MA 02109

MARK.FLEMING@WILMERHALE.COM
Ph: 6175266000
Party name: Fernando Cordero-Garcia


Elizabeth B. Prelogar
Counsel of Record
Solicitor General
United States Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001

SUPREMECTBRIEFS@USDOJ.GOV
Ph: 202-514-2217
Party name: Garland, Merrick


Martha Francine Hutton
O'Melveny & Myers LLP
1625 Eye St . NW
Washington, DC 20006

MHUTTON@OMM.COM
Ph: 202-383-5300
Party name: Pugin, Jean F.


Other Attorneys
Christopher J. Hajec
Counsel of Record
Immigration Reform Law Institute
25 Massachusetts Avenue NW, Suite 335
Washington, DC 20001

CHAJEC@IRLI.ORG
Ph: 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
Ph: 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
Ph: 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
Ph: 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
Ph: 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
Ph: 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
Ph: (202) 507-7512
Party name: Immigrant Defense Project et al.