Justices Wary Of Barring Deportation Relief For Misdemeanor

Law360 (October 14, 2020, 6:22 PM EDT) -- The U.S. Supreme Court appeared hesitant Wednesday to find that an unauthorized immigrant and father of three should be categorically barred from deportation relief because of a misdemeanor conviction, with Justice Brett Kavanaugh saying the government's position rests on a "thin reed."

Questioning the government's attorney during oral arguments, Justice Kavanaugh expressed doubt over the government's claim that immigrants facing deportation carry the burden of proving they are eligible for immigration protections despite being convicted of certain crimes, when the record surrounding such convictions is incomplete or unclear.

In this case, the government said the burden of proof was on Mexican...

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