No. 19-438October Term 2019Decided Mar 4, 2021
Pereida v. Wilkinson
This case is about whether unclear criminal records count against noncitizens who are trying to avoid removal.
Case status
- Current stage
- Decided
- Latest event
- Decision released Mar 4, 2021
- What it's about
This case concerned whether a noncitizen seeking cancellation of removal can qualify for that relief when the record of his state criminal conviction is unclear about whether he was convicted of a disqualifying offense under federal immigration law. The Court held that because the noncitizen bears the burden of proving eligibility, an ambiguous conviction record means he has not shown he is eligible for relief.
Question presented
Whether a criminal conviction bars a noncitizen from applying for relief from removal when the record of conviction is merely ambiguous as to whether it corresponds to an offense listed in the Immigration and Nationality Act.
- Case path
United States Court of Appeals for the Eighth Circuit / Decision released Mar 4, 2021
- Area
Immigration
Briefing
What it's about
Pereida v. Wilkinson asks whether a noncitizen can still apply for cancellation of removal (permission to stay in the U.S.) when the state court record of a past conviction is unclear. The key issue is whether that ambiguity alone keeps the person from showing he is eligible for relief.
Vote
The case is still pending, and oral argument has not been scheduled. The dispute is whether an ambiguous conviction record should block a noncitizen from applying for cancellation of removal.
Impact
The answer could affect many removal cases involving older or incomplete state court records. For example, a longtime U.S. resident with a minor state conviction could lose a chance to ask an immigration judge to let him stay if the paperwork is unclear.
What's next
The next major step is a scheduling move from the Court, such as setting oral argument. There is no decision window available yet.
What is the core dispute in Pereida v. Wilkinson?
The Court is being asked whether an unclear state conviction record bars a noncitizen from applying for cancellation of removal. The fight centers on who loses when the record does not clearly answer that question.
Why could this case matter in real life?
It could shape whether people with incomplete or ambiguous criminal records get a chance to ask to remain in the United States. That is especially important in older state cases where records are limited.
What should readers watch for next in this case?
Watch for the Supreme Court to schedule oral argument or make another calendar move. Until then, there is no set timeline for a final decision.
Decision
What the Court decided
This case is about whether unclear criminal records count against noncitizens who are trying to avoid removal.
Impact
The answer could affect many removal cases involving older or incomplete state court records. For example, a longtime U.S. resident with a minor state conviction could lose a chance to ask an immigration judge to let him stay if the paperwork is unclear.
Not official Court text.
Opinion documents
Timing
Decided March 4, 2021
The Court released its decision on March 4, 2021 without hearing oral argument.
Related cases




Grounding
- Grounding
- Primary materials plus reporting.
- Note
- Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.
- Checked
- Jul 2, 2026
- Method
- Methodology
Primary materials10
Supreme Court docket 19-438
docket | Jul 25, 2026
Primary case document
Supreme Court document | Jul 25, 2026
CourtListener docket record
docket | Jul 25, 2026
Questions Presented
brief | May 25, 2026
opinion
opinion | Mar 4, 2021
Petition
brief | Sep 30, 2019
SupremeCourt.gov
official | Jul 2, 2026
SupremeCourt.gov
official | Jul 2, 2026
SupremeCourt.gov
official | Jul 2, 2026
SupremeCourt.gov
official | Jul 2, 2026