Overview of Pereida v. Wilkinson for Immigration and Criminal Defense Counsel

On March 4, 2021, the Supreme Court issued Pereida v. Wilkinson, No. 19-438 (2021), a 5-3 opinion damaging to noncitizens with past criminal convictions who intend or need to seek relief in removal proceedings. The decision creates a national rule concerning the impact of inconclusive criminal court plea and conviction documents for noncitizens applying for relief from removal in immigration proceedings, specifically in cases where the modified categorical approach applies. This practice alert provides a summary of the opinion (see Part I), and initial advice and guidance for immigration (see Part II) and criminal defense lawyers (see Part III) in anticipation of how immigration authorities are likely to apply Pereida in removal proceedings and other immigration contexts.