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No. 19-438October Term 2019Decided Mar 4, 2021Updated May 25, 2026

Docket 19-438October Term 2019 (2019–2020)

Pereida v. Wilkinson

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.

Case status

Decided 5-3 · March 4, 2021 · Opinion by Justice Gorsuch

Read the opinion (PDF)
Current stage
Decided
Latest event
Decision released Mar 4, 2021
Case Accepted
Arguments
Decision ReleasedMar 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

Timing

Decided March 4, 2021

The Court released its decision on March 4, 2021 without hearing oral argument.

Activity

Docket activity3
  • Brief added: Questions Presented

    May 25, 2026 | Court records

  • Opinion added: opinion

    Mar 4, 2021 | Court records

  • Brief added: Petition

    Sep 30, 2019 | Court records