Sotomayor, J., dissenting
tampering. In the very same subsection of the INA at issue here, Congress expressly used the term “witness tampering” separately from “obstruction of justice.” 8 U. S. C. §1101(a)(15)(U)(iii). Specifically, in a set of provisions defining “U” nonimmigrant status,[1] Congress again enumerated a list of offenses, many of which overlap with the aggravated felonies in §1101(a)(43). See §1101(a)(15)(U)(iii); cf. §§1101(a)(43). Just as it did for aggravated felonies, Congress included “obstruction of justice” in the list. This time, however, Congress added witness tampering in addition to obstruction of justice by listing “witness tampering; obstruction of justice; [or] perjury” as distinct offenses. §1101(a)(15)(U)(iii); cf. §1101(a)(43)(S) (“obstruction of justice, perjury or subornation of perjury, or bribery of a witness”).
The Court’s broad interpretation of “obstruction of justice,” which swallows up all witness tampering, cannot be reconciled with this statutory text. If, on the one hand, the Court applies the same broad meaning to “obstruction of justice” in §1101(a)(15)(U)(iii), then “witness tampering” becomes redundant, in violation of the canon that statutes should be read “so as to avoid rendering superfluous any parts thereof.” Astoria Fed. Sav. & Loan Assn. v. Solimino, 501 U. S. 104, 112 (1991). If, on the other hand, the Court attempts to avoid this problem by interpreting “obstruction of justice” differently across the two provisions, then it violates “the established canon of construction that similar language contained within the same section of a statute must be accorded a consistent meaning.” National Credit Union Admin. v. First Nat. Bank & Trust Co., 522 U. S. 479, 501 (1998). Either way, the Court’s interpretation fails.
Although §1101(a)(43)(S) refers to “an offense relating to
- ↑ Persons eligible for “U” nonimmigrant status are victims of certain qualifying criminal activity who are helpful to officials investigating or prosecuting such activity. See 8 U. S. C. §1101(a)(15)(U)(i).
