Opinion of the Court
We conclude that an offense may “relat[e] to obstruction of justice” under §1101(a)(43)(S) even if the offense does not require that an investigation or proceeding be pending.
I
This case stems from two immigration proceedings. Fernando Cordero-Garcia is a citizen of Mexico. In 2009, Cordero-Garcia was convicted of several California offenses, including dissuading a witness from reporting a crime. Jean Francois Pugin is a citizen of Mauritius. In 2014, Pugin was convicted of the Virginia offense of being an accessory after the fact to a felony.
As relevant here, the U. S. Department of Homeland Security charged both Cordero-Garcia and Pugin as removable from the United States on the ground that they had convictions for aggravated felonies—namely, offenses “relating to obstruction of justice.” See 8 U. S. C. §§1101(a)(43)(S), 1227(a)(2)(A)(iii). In both cases, an Immigration Judge ruled for the Department, as did the Board of Immigration Appeals.
Cordero-Garcia and Pugin petitioned for review in the relevant Courts of Appeals. In Cordero-Garcia’s case, the Ninth Circuit concluded, in pertinent part, that his state conviction for dissuading a witness from reporting a crime did not constitute an offense “relating to obstruction of justice” because the state offense did not require that an investigation or proceeding be pending. 44 F. 4th 1181, 1188–1189 (2022). In Pugin’s case, by contrast, the Fourth Circuit concluded that his state conviction for accessory after the fact constituted an offense “relating to obstruction of justice” even if the state offense did not require that an investigation or proceeding be pending. 19 F. 4th 437, 450 (2021); see also Silva v. Garland, 27 F. 4th 95, 98 (CA1 2022).
This Court granted certiorari to resolve the conflict in the Courts of Appeals. 598 U. S. ___ (2023).
