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Supreme Court Paves the Way for Deportation of Criminal Illegal Immigrants

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The Supreme Court on Thursday made it easier to deport illegal immigrants who have been convicted of a crime.

Justice Neil Gorsuch wrote the opinion for a 5-3 conservative majority that ruled against a Mexican citizen who entered the U.S. illegally and has lived in the country for 25 years.

The man, Clemente Avelino Pereida, had been charged in Nebraska with using a fraudulent Social Security card to get a job and convicted under a state law against criminal impersonation.

Illegal immigrants with criminal convictions who are facing deportation can ask the attorney general to allow them to remain in the U.S. if the conviction wasn’t for a serious crime and if they have lived in the country at least 10 years, among other criteria.

Gorsuch wrote for the court that Pereida failed to prove he was not convicted of a serious crime.

Under immigration law, “certain nonpermanent aliens seeking to cancel a lawful removal order must prove that they have not been convicted of a disqualifying crime,” Gorsuch wrote.

In a dissent for the three liberal justices, Justice Stephen Breyer wrote that the court instead should have ruled for Pereida because he was convicted under a law that includes serious offenses and less serious ones.

Justice Amy Coney Barrett did not take part in the case because she had not yet joined the court when the case was argued in October.

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