Pereida v. Wilkinson
2021 United States Supreme Court case / From Wikipedia, the free encyclopedia
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Pereida v. Wilkinson, 592 U.S. ___ (2021), was a United States Supreme Court (the Court) case in which the Court ruled that under the Immigration and Nationality Act (INA) an alien seeking to cancel a lawful removal order bears the burden of showing that he has not been convicted of a disqualifying offense. An alien has not carried that burden when the record shows he has been convicted under a statute limiting multiple offenses, some of which are disqualifying, and the record is ambiguous as to which crime formed the basis of his conviction.
Quick Facts Pereida v. Wilkinson, Argued October 14, 2020 Decided March 4, 2021 ...
Pereida v. Wilkinson | |
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Argued October 14, 2020 Decided March 4, 2021 | |
Full case name | Clemente Avelino Pereida v. Robert M. Wilkinson, Acting Attorney General |
Docket no. | 19-438 |
Citations | 592 U.S. ___ (more) |
Argument | Oral argument |
Holding | |
Under the INA, certain nonpermanent residents seeking to cancel a lawful removal order bear the burden of showing they have not been convicted of a disqualifying offense. | |
Court membership | |
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Case opinions | |
Majority | Gorsuch, joined by Roberts, Thomas, Alito, Kavanaugh |
Dissent | Breyer, joined by Sotomayor, Kagan |
Barrett took no part in the consideration or decision of the case. | |
Laws applied | |
Immigration and Nationality Act (INA) |
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