No. 19-438October Term 2019Decided Mar 4, 2021Updated May 25, 2026
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
- 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.
Documents
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
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Grounding
- Grounding
- Primary-source trail available.
- Note
- Plain-English explainer. Official filings and opinions remain authoritative.
- Checked
- Jul 25, 2026
- Method
- Methodology