Supreme Court Supports Deportation For Obstruction Without Active Issue

The U.S. Supreme Court found that crimes including obstruction of justice are deportable offenses, whether there is an active law enforcement investigation or court case pending or not. This is a change from the previous approach where an active investigation or court matter is required to qualify as the basis for deportation for obstruction of justice.

The Court found that the Immigration and Nationality Act (INA) does not require an ongoing legal investigation or process to qualify as the basis for deportation for obstruction of justice. This resolves a previous split circuit court finding. As such, individuals in the U.S. with an immigration status who are found to be an obstruction of justice, whether an active investigation is underway or not, can be deported.

ILBSG continues to actively monitor ongoing updates that affect U.S. immigration. If you have questions about any immigration-related issue, contact us at ILBSG. We work with our clients to ensure they get the right advice for their specific situations.