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

National Immigration Project Practice advisory Mar 10, 2021 Direct PDF available

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