No. 19-438

Clemente Avelino Pereida v. Robert M. Wilkinson, Acting Attorney General

Lower Court: Eighth Circuit
Docketed: 2019-10-02
Status: Judgment Issued
Type: Paid
Amici (5)
Tags: ambiguous-record burden-of-proof categorical-approach circuit-split conviction-record federal-offense immigration-law modified-categorical-approach noncitizen-status removal-proceedings statutory-interpretation
Latest Conference: 2019-12-13
Question Presented (from Petition)

Whether a criminal conviction bars a noncitizen from applying for relief from removal when the record of conviction is merely ambiguous as to whether it corresponds to an offense listed in the Immigration and Nationality Act.

Question Presented (AI Summary)

Whether a criminal conviction bars a noncitizen from applying for relief from removal when the record of conviction is merely ambiguous as to whether it corresponds to an offense listed in the Immigration and Nationality Act

Docket Entries

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

Attorneys

Clemente A. Pereida
Brian Philip GoldmanOrrick, Herrington & Sutcliffe LLP, Petitioner
Former United States Immigration Judges and Members of the Board of Immigration Appeals
David G. KeykoPillsbury Winthrop Shaw Pittman LLP, Amicus
Immigrant Defense Project, American Immigration Lawyers Association, National Immigrant Justice Center, Immigrant Legal Resource Center, National Immigration Project of the National Lawyers Guild
Jayashri SrikantiahStanford Law School Immigrants' Rights Clinic, Amicus
Immigration Law Professors
Alina DasWashington Square Legal Services, Amicus
Immigration Reform Law Instiute
Lawrence J. JosephLaw Office of Lawrence J. Joseph, Amicus
National Association of Criminal Defense Lawyers and National Association of Federal Defenders
David Sapir LesserWilmer Cutler Pickering Hale and Dorr LLP, Amicus
Robert M. Wilkinson, Acting Attorney General
Brian H. FletcherActing Solicitor General, Respondent