No. 22-23
Title:Jean Francois Pugin, Petitioner
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)
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.
Aug 08 2022Brief amici curiae of West Virginia and 8 Other States filed.
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.
Oct 21 2022Reply of petitioner Jean Francois Pugin filed.
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 of Garland, Merrick submitted.
Main Document

Attorneys for Petitioner
Michael R. Dreeben
    Counsel of Record
O’Melveny & Myers LLP
1625 Eye Street, NW
Washington, DC 20036
Party name: Jean Francois Pugin
Attorneys for Respondent
Elizabeth B. Prelogar
    Counsel of Record
Solicitor General
United States Department of Justice 950 Pennsylvania Avenue, NW
Washington, DC 20530-0001

Party name: Garland, Merrick
Caleb Joseph Kruckenberg
    Counsel of Record
Pacific Legal Foundation
3100 Clarendon Blvd, Suite 610
Arlington, VA 22201
Party name: Pacific Legal Foundation
Lindsay Sara See
    Counsel of Record
Office of the West Virginia Attorney General
State Capitol Complex
Building 1, Room E-26
Charleston, WV 25305
Party name: State of West Virginia and 8 Other States