BIA Extends Deadline for Amicus Briefs on Pereida v. Wilkinson
The BIA extended the deadline for submission of amicus briefs related to Pereida v. Wilkinson and records of conviction. Briefs are now due by 11/19/21.
ISSUE PRESENTED:
1. Does Pereida v. Wilkinson, 141 S. Ct. 754 (2021), authorize an Immigration Judge to rely on any document or record covered by section 240(c)(3)(B) of the Immigration and Nationality Act, 8 U.S.C. § 1229a(c)(3)(B), when conducting a modified categorical analysis of a noncitizen’s removability?
2. Is a transcript from a defendant’s sentencing hearing or sentencing modification hearing a document covered by section 240(c)(3)(B) of the Act, and if it is, can information from the transcript revealing the identity of a controlled substance be considered under a modified categorical analysis?
3. In light of Pereida and section 240(c)(4)(i) of the Act, can a noncitizen establish by a preponderance of the evidence his or her eligibility for asylum and withholding of removal if the record is inconclusive as to whether his or her conviction constitutes an aggravated felony and a particularly serious crime?