Supreme Court rules obstruction-of-justice claims can result in immediate deportation

Supreme Court deportation ruling overview: 

• Who: The U.S. Supreme Court ruled in a 6-3 vote that crimes involving obstruction of justice are a deportable offense. 
• Why: The high court determined that Section 1101 of the Immigration and Nationality Act does not require a crime of obstruction to interfere with any legal processes or ongoing investigation. 
• Where: The United States. 

The Supreme Court issued a ruling that crimes involving obstruction of justice are offenses that could lead to deportation, regardless of whether a law enforcement investigation is in progress or a court case is pending. 

In a 6-3 vote, the justices held that Section 1101 of the Immigration and Nationality Act (INA) does not require an obstruction crime to interfere with any legal process or ongoing investigation. 

“Individuals can obstruct the process of justice even when an investigation or proceeding is not pending,” Justice Brett Kavanaugh wrote for the majority. 

The decision resolved a split decision by circuit courts over whether immigrants can be deported for crimes involving obstruction of justice, according to Law360. 

The Supreme Court agreed to review the issue in January, at which time it consolidated two petitions for certiorari involving a pair of circuit decisions over the meaning of Section 1101 of the INA. 

“Indeed, obstruction of justice is often ‘most effective’ when it prevents ‘an investigation or proceeding from commencing in the first place,'” Justice Kavanaugh wrote. 

Supreme Court reviewing cases previously in the 4th and 9th circuits

One of the cases involved the 4th Circuit deferring to the Board of Immigration Appeals’ decision that a Mauritian man who was convicted of being an accessory after the fact to a felony was eligible for deportation. 

The board ruled the conviction for the man, Jean Francois Pugin, counted as a felony relating to obstruction of justice under the INA, Law360 reports. 

The 9th Circuit, in the second case, held that a psychologist from Mexico was not eligible to be deported under the INA’s definition of obstruction for his conviction of discouraging a victim or witness from reporting sexual abuse. 

In a separate decision, the Supreme Court ruled earlier this month that the federal government still has the authority to dismiss whistleblower cases that have been brought under the False Claims Act in the event it initially declined to intervene. 

Do you agree with the Supreme Court’s decision? Let us know in the comments.

The Supreme Court deportation cases are Garland v. Cordero-Garcia, Case No. 22-331, and Pugin v. Gartland, Case No. 22-23, in the Supreme Court of the United States. 

Read About More Class Action Lawsuits & Class Action Settlements:

• Supreme Court rules gov’t has authority to dismiss whistleblower False Claims Act cases
• FCC launches data privacy task force
• Iowa’s Supreme Court blocks law that would ban abortion after 6 weeks
• Supreme Court upholds Indian Child Welfare Act