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Practice Alert: Overview of Pugin v. Garland

Practice Advisory
Issue area
Crimes/Post-Conviction Relief
Published: Aug. 23, 2023

This practice alert analyzes the Supreme Court’s recent decision in Pugin v. Garland, 143 S. Ct. 1833 (2023). The June 22 opinion addressed the generic definition of the obstruction of justice aggravated felony ground at 8 U.S.C. § 1101(a)(43)(S). The Court held that a conviction may be an offense “relating to obstruction of justice,” even if it does not require that an investigation or proceeding be pending or reasonably foreseeable. The practice alert reviews the generic definition of obstruction of justice prior to Pugin; the facts, holding, and reasoning in Pugin; and the key implications of the decision for practitioners.