2020 Supreme Court term

CLEMENTE AVELINO PEREIDA v. WILLIAM P. BARR, ATTORNEY GENERAL

Dockets 19-438Decided
AI-generated independent summary

This educational guide is based on the linked primary sources. It is not a Court publication, is not affiliated with the Court, and is not legal advice.

In brief

Overview

The Court held that any lingering uncertainty about whether Mr. Pereida was convicted of a crime involving moral turpitude is enough to defeat his application for relief.

According to Pereida, the case centered on whether the categorical approach to determining moral turpitude applies to Mr. Pereida’s conviction under Nebraska law.

Background and question before the Court

Petitioner Mr. Pereida argued that because it is unclear whether his crime involved moral turpitude, he should remain eligible for immigration relief.

Counsel asked the immigration judge to postpone further proceedings on Mr. Pereida’s relief application until his criminal case concluded, and the judge agreed.

What each side argues

Petitioner (Mr. Pereida)

Petitioner contends that the ambiguity surrounding whether his offense involved moral turpitude makes him eligible for relief.

According to Pereida, petitioner argues that under the categorical approach, Nebraska’s statute does not necessarily involve fraud, so his conviction should not be treated as a crime involving moral turpitude.

Government

The Government repeatedly stated at oral argument that it had not argued for a broader evidentiary review because no additional documents existed.

What happened at oral argument

According to Government, during oral argument, the Government confirmed that it had not advocated for a judge to consider a broader set of evidentiary materials, noting that no other documents were available.

What the Court decided

The majority held that any lingering uncertainty about whether Mr. Pereida was convicted of a crime involving moral turpitude defeats his application for relief.

Justice Breyer (dissent) stated there is no unresolved factual question because the conviction is undisputed, and that unless the offense is necessarily a crime involving moral turpitude, the judge must find it is not.

Justice Breyer (dissent) also argued that the petitioner should not bear the burden of proof because the evidence sought lies beyond the limited record allowed by precedent.

Why it matters

The decision may make immigration law less fair and predictable, as the categorical approach helps aliens anticipate immigration consequences of guilty pleas and provides a “safe harbor” for pleas that do not trigger sanctions.

Terms to know

No glossary terms are available for this guide.

Primary sources

Read the source materials on the official site or open the immutable repository copy used for this guide.

  • e669c70395f47c104e2c-r1-b0b18dca598b01e8.pdforal argument transcript
  • fdcefa6072fec8da7c65-r1-e06fa515ec7e0ff0.pdfopinion

Guide generated September 28, 2026. Automated validation accepted this version.