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.
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