Supreme Court Asked to Consider Definition of Obstruction of Justice for Deportation

The Supreme Court received a request from U.S. Attorney General Garland to include an expanded definition of obstruction of justice as a basis for deportation. All obstruction of justice offenses, whether an active issue or court case exists or not, is suggested to be a deportable offense. Garland claims any interference with the legal process is included in obstruction of justice. The Supreme Court is asked to overturn a lower court ruling that requires obstruction of justice to occur during a pending investigation or legal proceeding.

The Supreme Court agreed to consider two consolidated cases that drove split decisions in lower courts. The center of the debate is the meaning of an Immigration and Nationality Act (INA) statute where obstruction of justice and crimes “related to” it is referenced. The Court will consider whether or not the obstruction is required to occur during an active investigation to be considered for deportation.

If you have questions about obstruction of justice, the INA, or any other immigration-related issue, contact us at ILBSG. We actively monitor ongoing legal proceedings to ensure our clients get the right advice.