Plain-English summary
Court rules noncitizen must prove a state conviction is not a disqualifying aggravated felony to cancel removal
The Supreme Court held that a nonpermanent resident seeking to cancel removal must prove by the preponderance of the evidence that a state conviction does not qualify as a deportation-disqualifying aggravated felony when the record of conviction is ambiguous. The decision affirms the government’s position and reverses the relief sought by Clemente Pereida.
Why this matters
The ruling affects many noncitizens with state criminal convictions who seek discretionary relief from deportation. It clarifies that ambiguity in charging documents or conviction records can prevent relief unless the noncitizen can prove the conviction does not match the federal definition of an aggravated felony.
Who may feel it
- Noncitizens (permanent and nonpermanent residents) with state criminal convictions
- Immigration attorneys and advocates
- Immigration judges and the Board of Immigration Appeals
- U.S. Department of Homeland Security and federal prosecutors
Key questions
- Who bears the burden of proof to show a prior conviction is not a disqualifying aggravated felony when the state conviction record is ambiguous?
- What kind of record or evidence must a noncitizen produce to show a state conviction does not meet the federal definition of an aggravated felony?