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Pereida v. Wilkinson
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 19-438 | 8th Cir. | Oct 14, 2020 | Mar 4, 2021 | 5-3 | Gorsuch | OT 2020 |
Holding: A nonpermanent resident seeking to cancel a lawful removal order fails to carry his burden of showing that he has not been convicted of a disqualifying offense when the statutory conviction on his record is ambiguous regarding whether a disqualifying offense formed the basis of his conviction.
Judgment: Affirmed, 5-3, in an opinion by Justice Gorsuch on March 4, 2021. Justice Breyer filed a dissenting opinion, in which Justices Sotomayor and Kagan joined. Justice Barrett took no part in the consideration or decision of this case.
SCOTUSblog Coverage
- An immigration ruling with strict consequences for some non-citizens seeking deportation relief (Kate Evans, March 4, 2021)
- Argument analysis: Justices weigh mandatory deportations based on “thin reed” of minor crimes (Kate Evans, October 19, 2020)
- Case preview: Harsh immigration consequences from ambiguous state criminal convictions (Kate Evans, October 13, 2020)
- Justices to hear October arguments by phone (Amy Howe, September 16, 2020)
- Court releases October calendar (Amy Howe, July 13, 2020)
- Justices postpone March argument session (Amy Howe, March 16, 2020)
- Justices issue March argument calendar (Amy Howe, January 31, 2020)
- Court fills out spring calendar with new grants (Amy Howe, December 18, 2019)
- Petitions of the week (Andrew Hamm, November 8, 2019)
| Date | Proceedings and Orders |
|---|---|
| Sep 30 2019 | Petition for a writ of certiorari filed. (Response due November 1, 2019) |
| Sep 30 2019 | Pursuant to Rule 34.6 and Paragraph 9 of the Guidelines for the Submission of Documents to the Supreme Court's Electronic Filing System, filings in this case should be submitted in paper form only, and should not be submitted through the Court's electronic filing system. |
| Oct 24 2019 | Motion to extend the time to file a response from November 1, 2019 to December 2, 2019, submitted to The Clerk. |
| Oct 25 2019 | Motion to extend the time to file a response is granted and the time is extended to and including December 2, 2019. |
| Nov 12 2019 | Brief of respondent William P. Barr, Attorney General filed. |
| Nov 25 2019 | Reply of petitioner Clemente A. Pereida filed. |
| Nov 26 2019 | DISTRIBUTED for Conference of 12/13/2019. |
| Dec 18 2019 | Petition GRANTED. |
| Dec 18 2019 | As Rule 34.6 provides, “If the Court schedules briefing and oral argument in a case that was governed by Federal Rule of Civil Procedure 5.2(c) or Federal Rule of Criminal Procedure 49.1(c), the parties shall submit electronic versions of all prior and subsequent filings with this Court in the case, subject to [applicable] redaction rules.” Subsequent party and amicus filings in the case should now be submitted through the Court’s electronic filing system, with any necessary redactions. |
| Jan 10 2020 | Motion to dispense with printing the joint appendix filed by petitioner Clemente A. Pereida. |
| Jan 28 2020 | Brief of petitioner Clemente A. Pereida filed. |
| Jan 31 2020 | SET FOR ARGUMENT on Monday, March 30, 2020. |
| Feb 04 2020 | Brief amici curiae of National Association of Criminal Defense Lawyers, et al. filed. |
| Feb 04 2020 | Brief amici curiae of Former United States Immigration Judges and Members of the Board of Immigration Appeals filed. |
| Feb 04 2020 | Brief amici curiae of Immigration Law Professors filed. |
| Feb 04 2020 | Brief amici curiae of Immigrant Defense Project, et al. filed. |
| Feb 19 2020 | CIRCULATED |
| Feb 19 2020 | Record requested from the U.S.C.A. 8th Circuit. |
| Feb 24 2020 | Motion to dispense with printing the joint appendix filed by petitioner GRANTED. |
| Feb 26 2020 | Record received from the U.S.C.A. 8th Circuit including the administrative record (1-Box). |
| Feb 27 2020 | Brief of respondent William P. Barr, Attorney General filed. (Distributed) |
| Mar 04 2020 | Brief amicus curiae of Immigration Reform Law Institute filed. (Distributed) |
| Mar 16 2020 | ORAL ARGUMENT POSTPONED. |
| Mar 30 2020 | Reply of petitioner Clemente A. Pereida filed. (Distributed) |
| Apr 13 2020 | Argument to be rescheduled for the October Term 2020. |
| Jul 13 2020 | SET FOR ARGUMENT on Wednesday, October 14, 2020. |
| Oct 14 2020 | Argued. For petitioner: Brian P. Goldman, San Francisco, Cal. For respondent: Jonathan C. Bond, Assistant to the Solicitor General, Department of Justice, Washington, D. C. |
| Mar 04 2021 | Adjudged to be AFFIRMED. Gorsuch, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Alito, and Kavanaugh, JJ., joined. Breyer, J., filed a dissenting opinion, in which Sotomayor and Kagan, JJ., joined. Barrett, J., took no part in the consideration or decision of the case. |
| Apr 05 2021 | JUDGMENT ISSUED. |
| Aug 02 2021 | Record returned to the U.S.C.A. 8th Circuit including the administrative record (1-Box). |
