Plain-English summary
Court: Offense can 'relate to' obstruction of justice even without a pending investigation or proceeding
The Court held that, under the Immigration and Nationality Act, an offense can count as an "aggravated felony" for immigration purposes as long as it "relates to" obstruction of justice, even if the crime does not require that an investigation or proceeding be pending. The decision resolves a circuit split about the scope of 8 U.S.C. §1101(a)(43)(S).
Why this matters
This ruling determines when certain criminal convictions trigger mandatory deportation and other enhanced immigration penalties. By treating crimes that "relate to" obstruction more broadly, more noncitizens with qualifying convictions may be classified as having committed an "aggravated felony," which carries mandatory removal and can block relief from deportation and increase immigration-related penalties.
Who may feel it
- Noncitizens convicted of crimes involving obstruction, evidence tampering, witness intimidation, or related conduct
- Immigration attorneys and defense counsel advising clients about plea choices and immigration consequences
- Immigration enforcement agencies and prosecutors
- Family members of noncitizens facing removal
Key questions
- Does the INA’s aggravated-felony category for "an offense relating to obstruction of justice" require that a government investigation or legal proceeding exist at the time of the offense?