Sunday, October 11, 2020

Oral Argument This Week in Pereida v. Barr

We previously posted that the U.S. Supreme Court would decide Pereida v. Barr.

Oral argument in the case is scheduled for this Wednesday morning, October 14, 2020 at 11:00 a.m. Eastern. The argument may be listened to live.

In Pereida, the Supreme Court will decide 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. Alina Das and Nancy Morawetz of NYU Law filed an amicus brief in the case on behalf of immigration law professors. Other amicus briefs have been filed by the National Association of Criminal Defense Lawyers, former United States Immigration Judges and members of the Board of Immigration Appeals, as well as the Immigrant Defense Project. This case raises crucial issues regarding the proper application of the categorical approach, which has been used for over a century to analyze the immigration impact of convictions.


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