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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

DateProceedings and Orders (key to color coding)
09/30/2019Petition for a writ of certiorari filed. (Response due November 1, 2019)
09/30/2019Pursuant 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.
10/24/2019Motion to extend the time to file a response from November 1, 2019 to December 2, 2019, submitted to The Clerk.
10/25/2019Motion to extend the time to file a response is granted and the time is extended to and including December 2, 2019.
11/12/2019Brief of respondent William P. Barr, Attorney General filed.
11/25/2019Reply of petitioner Clemente A. Pereida filed.
11/26/2019DISTRIBUTED for Conference of 12/13/2019.
12/18/2019Petition GRANTED.
12/18/2019As 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.
01/10/2020Motion to dispense with printing the joint appendix filed by petitioner Clemente A. Pereida.
01/28/2020Brief of petitioner Clemente A. Pereida filed.
01/31/2020SET FOR ARGUMENT on Monday, March 30, 2020.
02/04/2020Brief amici curiae of National Association of Criminal Defense Lawyers, et al. filed.
02/04/2020Brief amici curiae of Former United States Immigration Judges and Members of the Board of Immigration Appeals filed.
02/04/2020Brief amici curiae of Immigration Law Professors filed.
02/04/2020Brief amici curiae of Immigrant Defense Project, et al. filed.
02/19/2020CIRCULATED
02/19/2020Record requested from the U.S.C.A. 8th Circuit.
02/24/2020Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
02/26/2020Record received from the U.S.C.A. 8th Circuit including the administrative record (1-Box).
02/27/2020Brief of respondent William P. Barr, Attorney General filed. (Distributed)
03/04/2020Brief amicus curiae of Immigration Reform Law Institute filed. (Distributed)
03/16/2020ORAL ARGUMENT POSTPONED.
03/30/2020Reply of petitioner Clemente A. Pereida filed. (Distributed)
04/13/2020Argument to be rescheduled for the October Term 2020.
07/13/2020SET FOR ARGUMENT on Wednesday, October 14, 2020.
10/14/2020Argued. For petitioner: Brian P. Goldman, San Francisco, Cal. For respondent: Jonathan C. Bond, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
03/04/2021Adjudged 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.
04/05/2021JUDGMENT ISSUED.
08/02/2021Record returned to the U.S.C.A. 8th Circuit including the administrative record (1-Box).