Page:Pugin v. Garland.pdf/2

2 authority reflects common sense. Individuals can obstruct the process of justice even when an investigation or proceeding is not pending. Indeed, obstruction of justice is often “most effective” when it prevents “an investigation or proceeding from commencing in the first place.” Brief for Attorney General 15. The Court declines to adopt an interpretation of the statute that would exclude many common obstruction offenses from the definition of aggravated felony under §1101(a)(43)(S). Finally, the phrase “relating to” resolves any doubt about the scope of §1101(a)(43)(S), because it ensures that the statute covers offenses having a connection with obstruction of justice—which surely covers common obstruction offenses that can occur when an investigation or proceeding is not pending.

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