In an opinion authored by Justice Brett Kavanaugh, the justices ruled in the case Pugin v. Garland that convictions for both accessory after the fact and attempting to dissuade victims from reporting sexual misconduct are crimes serious enough to make a person eligible for permanent removal.Lawyers for the plaintiffs in the case said that obstruction of justice requires there to be an open investigation, but Kavanaugh and the other five justices said that is not the case.
"I agree with the Court that the Ninth Circuit wrongly embraced a pending-proceeding requirement when it assessed what types of prior offenses qualify as 'offense[s] relating to obstruction of justice' under 8 U. S. C. §1101, for purposes of determining the 'aggravated felon[ies]' that render noncitizens deportable, §1227," Jackson wrote in a 4-page concurrence.
Cordero-Garcia was convicted of witness tampering and other crimes, which the government said qualified as an obstruction of justice.
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