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Clemente Avelino Pereida, a citizen and native of Mexico, was convicted of attempted criminal impersonation in Nebraska. The Department of Homeland Security charged Pereida with removability, or re...
Clemente Avelino Pereida, a citizen and native of Mexico, was convicted of attempted criminal impersonation in Nebraska. The Department of Homeland Security charged Pereida with removability, or removal from the country. Pereida filed an application for relief from removal. An immigration judge found that Pereida's conviction constituted a crime involving moral turpitude, barring relief from removal. On appeal, the Board of Immigration Appeals held that Pereida had not proven that his conviction was not a crime involving moral turpitude and as a result, he was statutorily ineligible for cancellation of removal. The 8th Circuit denied Pereida's petition for review. Pereida appealed to the Supreme Court.