Court raises bar for some immigrants to avoid deportation
U.S. Law Review
The Supreme Court on Thursday made it harder for longtime immigrants who have been convicted of a crime to avoid deportation.
Justice Neil Gorsuch wrote the opinion for a 5-3 conservative majority that ruled against a Mexican citizen who entered the U.S. illegally and has lived in the country for 25 years.
The man, Clemente Avelino Pereida, had been charged in Nebraska with using a fraudulent Social Security card to get a job and convicted under a state law against criminal impersonation.
Not all criminal convictions inevitably lead to deportation, but Gorsuch wrote for the court that Pereida failed to prove he was not convicted of a serious crime.
Under immigration law, “certain nonpermanent aliens seeking to cancel a lawful removal order must prove that they have not been convicted of a disqualifying crime,” Gorsuch wrote.
In a dissent for the three liberal justices, Justice Stephen Breyer wrote that the court instead should have ruled for Pereida because he was convicted under a law that includes serious offenses, falling into the category of crimes of moral turpitude, and less serious ones.
“The relevant documents in this case do not show that the previous conviction at issue necessarily was for a crime involving moral turpitude,” Breyer wrote.
Immigrants with criminal convictions who are facing deportation can ask the attorney general to allow them to remain in the country, if the conviction wasn’t for a serious crime and they have lived here at least 10 years, among other criteria.
Related listings
-
Cable companies win lawsuit over Maine’s a la carte law
U.S. Law Review 02/25/2021A federal appeals court has rejected Maine’s law requiring cable companies to give subscribers the option of purchasing access to individual cable channels rather than bundled packages.A federal judge already delayed the law from going into eff...
-
Court upholds woman’s $1.8M award in NJ Transit bus attack
U.S. Law Review 02/17/2021In a closely divided ruling, New Jersey’s Supreme Court on Wednesday upheld a $1.8 million jury award for a woman who was struck on the head with a bottle while riding a New Jersey Transit bus. The 4-3 decision affirmed that NJ Transit, a publi...
-
Georgia Supreme Court Chief Justice Melton to step down
U.S. Law Review 02/12/2021Georgia Supreme Court Chief Justice Harold D. Melton announced Friday that he is stepping down on July 1.Melton said in a statement that he doesn’t yet know what he’ll do next, but that he is exploring opportunities “for the next se...
Car Accident Lawyers in New Rochelle, New York
If you have gotten in a car accident, it could seriously change your life. Whether the accident was caused by the other party’s fault or a fault of your own, you’ll want to to make sure that you are ready to prepare yourself for any cases that might follow.
Immediately following any type of car accident, it is important to take certain steps to ensure that the courts will treat you with respect and fairly. First, assess your mental and physical condition. Make sure right after the accident, you document any information regarding the accident and situation, it can be of great help later on.
You’ll want to make sure that you seek professional help for any medical conditions you may be experiencing. Do not wait to seek medical attention, you’ll want to make sure that you have documented evidence of the injury that was caused by the accident. The amount of treatment is also taken into consideration in every case.