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Supreme Court Grants Cert in Criminal Removal Case

The U.S. Supreme Court has agreed to hear the case of Pereida v. Barr, which is a criminal removal case. In this case, the noncitizen petitioner pled no contest in Nebraska State Court to charges of attempted criminal impersonation. He was trying to use a fraudulent Social Security card to get employment. After his conviction, the Department of Homeland Security (DHS) initiated removal proceedings against him. Petitioner attempted to apply for relief in the form of cancellation of removal, but an immigration judge ruled him ineligible. On review, the Board of Immigration Appeals (BIA) also found that Pereida had not met his burden of proof in showing that he was not convicted of a crime of moral turpitude, and thus eligible for relief. The Eighth Circuit Court of Appeals upheld the BIA decision, similarly finding that Pereida had not met the required burden of proof.

Supreme Court Grants Cert in Criminal Removal Case

At issue, in this case, is whether a criminal conviction bars a noncitizen from applying for relief from removal when it is unclear whether his or her criminal conviction is equivalent to one of the crimes listed in the Immigration and Nationality Act (INA). The INA lists several categories of crimes that render an immigrant without legal status ineligible to seek relief from removal, including crimes of moral turpitude.

Currently, the U.S. Supreme Court has scheduled the case for oral arguments on March 30, 2020. Various groups have filed amici curiae briefs in the case, including the National Association of Criminal Defense Lawyers, Former U.S. Immigration Judges and Members of the BIA, Immigration Law Professors, and the Immigrant Defense Project. Whatever your situation may be, you will need skilled legal assistance to work toward a resolution of your immigration matter.

The Texas immigration attorneys of Peek & Toland know how to help you navigate through the maze of immigration forms, regulations, and policies, and get the relief that you need. Take the first step today and secure the future of your family in the U.S. Contact our office today and set up an evaluation with one of our highly skilled Texas immigration lawyers.

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Posted in Criminal Defense, Immigration

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