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How did Pereida v Wilkson impact immigration?

On Behalf of | Mar 31, 2021 | Immigration benefits |

The U.S. Supreme Court makes decisions on cases from lower courts to clarify rules, laws and issues. A recent case before the court, Pereida v Wilkson, has had a profound effect on immigration.

In this case, the issue is about deportation and criminal charges. According to the American Immigration Council, the decision in this case by SCOTUS could result in you having limited ability to stop deportation if you have any type of criminal charge.

The case

In Pereida v Wilkson, the issue involves an immigrant facing deportation due to a criminal charge. The law does not deport immigrants for all criminal convictions, but there are some rules surrounding that.

Prior to this case, the court would have to look into the charges to see if they were exempt. If they were, then the court could stop the deportation.

The Court’s ruling changes things in a major way if your records are not completely clear and easy to find. Essentially, the ruling states that if it is not clear or records are not available, you cannot seek relief from deportation.

The change

The standing of the Supreme Court before this case was the burden was on the court to find records and verify the criminal charge to ensure it was not an offense that would require deportation. The ruling in this case changes the burden of proof and puts it on you.

This is concerning because you have no real ability to ensure your records are accessible or complete. That is the job of the court or arresting agency, and many of them do not have good recordkeeping.

So, if your case went before a court that does not keep excellent records, you could face deportation for a minor crime because of the ruling in Pereida v Wilkson.

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