No. 22-331
Title:Merrick B. Garland, Attorney General, Petitioner
Fernando Cordero-Garcia, aka Fernando Cordero
Docketed:October 7, 2022
Lower Ct:United States Court of Appeals for the Ninth Circuit
   Case Numbers:(19-72779)
   Decision Date:August 15, 2022
   Rehearing Denied:
  Discretionary Court Decision Date:
Questions Presented

DateProceedings and Orders
Oct 07 2022Petition for a writ of certiorari filed. (Response due November 7, 2022)
Oct 07 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.
Oct 25 2022Motion to extend the time to file a response from November 7, 2022 to December 7, 2022, submitted to The Clerk.
Oct 26 2022Motion to extend the time to file a response is granted and the time is extended to and including December 7, 2022.
Dec 07 2022Brief of respondent Fernando Cordero-Garcia in opposition filed.
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Dec 21 2022DISTRIBUTED for Conference of 1/6/2023.
Dec 21 2022Reply of petitioner Merrick B. Garland, Attorney General filed. (Distributed)
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Jan 09 2023DISTRIBUTED for Conference of 1/13/2023.
Jan 13 2023Petition GRANTED. The petition for a writ of certiorari in No. 22-23 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 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.-9th Circuit.
Mar 01 2023Electronic record containing sealed materials received from U.S.C.A.-9th Circuit.
Mar 17 2023Records from the Board of Immigration Appeals were transmitted electronically.
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 2023Judgment 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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Attorneys for Petitioner
Elizabeth B. Prelogar
    Counsel of Record
United States Department of Justice 950 Pennsylvania Avenue, NW
Washington, DC 20530-0001

Party name: Merrick B. Garland
Attorneys for Respondent
Mark Christopher Fleming
    Counsel of Record
60 State Street
Boston, MA 02109
Party name: Cordero-Garcia, Fernando