Court raises bar for some immigrants to avoid deportation
Top Stories & Analysis
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
-
Georgia Supreme Court Chief Justice Melton to step down
Top Stories & Analysis 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...
-
Court weighs challenge to Colorado discrimination law
Top Stories & Analysis 11/17/2020A Colorado web designer should not have to create wedding websites for same-sex couples under the state's anti-discrimination law because it would amount to forced speech that violates her religious beliefs, a lawyer told an appeals court Monday.Kris...
-
Despite rhetoric, GOP has supported packing state courts
Top Stories & Analysis 10/20/2020Republican claims that Democrats would expand the U.S. Supreme Court to undercut the conservative majority if they win the presidency and control of Congress has a familiar ring. It's a tactic the GOP already has employed in recent years with state s...
New York Commercial Litigation Law Firm - Woods Lonergan PLLC
Founded in 1993 by Managing Partner James F. Woods, Woods Lonergan PLLC has built a strong reputation as a resourceful and industrious firm that provides clients with clear, concise, and straightforward answers to their most challenging legal issues. Partner Lawrence R. Lonergan, who joined the firm in 2008, has been a friend and colleague to Mr. Woods for over 40 years and shares the same business philosophy. Woods Lonergan PLLC’s collective experience and expertise enables the firm to expeditiously and effectively analyze the increasing challenges clients face in an evolving business and legal world, in many instances, avoiding unnecessary time and expense to our clients. Our mission is simple: provide cutting-edge expertise and sound advice in select areas of the law for corporate and business clients. We thrive on providing each client with personalized attention, forceful representation, and a collaborative team effort that embraces collective knowledge.