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No. 19-438October Term 2019Decided Mar 4, 2021

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

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
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

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

Decision record

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.