Overview of Pereida v. Wilkinson for Immigration and Criminal Defense Counsel
On March 4, 2021, the Supreme Court issued Pereida v. Wilkinson , No. 19-438 (2021), a 5-3 opinion damaging to noncitizens with past criminal convictions who intend or need to seek relief in removal proceedings. The decision creates a national rule concerning the impact of inconclusive criminal court plea and conviction documents for noncitizens applying for relief from removal in immigration proceedings, specifically in cases where the modified categorical approach applies. This practice alert
Why it matters
Useful as a practitioner-oriented overview from National Immigration Project on Removal Defense; review the source material for the most current authority and procedure.
Topics
Removal defense
Crimes and categorical approach
Workflows
Immigration court deadline
Crim-imm screening
Forums
Cross-forum
Jurisdictions
National