Archive August 2021

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Pereida v. Wilkinson: Cancellation of removal after conviction under statute containing both eligible and ineligible offenses requires proof that actual offense is eligible

A noncitizen seeking cancellation of removal after a conviction under a statute which contains both eligible and ineligible offenses must prove their actual offense was eligible, the U.S. Supreme Court held March 4 in Pereida v. Wilkinson. The Court rejected a purely “categorical approach” for deciding such cases.