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99 Denver L. Rev. F. 1 (2022)

handle is hein.journals/dnvrlwfv99 and id is 1 raw text is: PEREIDA V. WILKINSON: NON-CITIZEN QUALIFICATION FOR DISCRETIONARY DEPORTATION RELIEF AND THE APPLICATION OF THE CATEGORICAL APPROACH Chuck Alcock' I. INTRODUCTION Under the 1952 Immigration and Nationality Act, a nonpermanent resident non-citizen can seek discretionary relief of a lawful removal order when they prove: (1) they have been present in the United States for at least ten years; (2) they have been a person of good moral character; (3) they have not been convicted of certain criminal offenses; and (4) their removal would impose an exceptional and extremely unusual hardship on a close relative who is either a citizen or permanent resident of the United States. 2 The convicted of certain criminal offenses prong includes, crimes involving moral turpitude and crimes in violation of, or a conspiracy or attempt to violate, any law or regulation relating to a controlled substance.3 A court's determination on whether Congress intended particular federal, state, or local offenses to fall within crimes of moral turpitude is complex.4 Since 1914, federal courts have resolved this issue with a categorical analysis of criminal convictions. s This analysis examines the nature of the crime of conviction, as defined by statute.' Not infrequently, however, a single criminal statute will list multiple, stand-alone offenses, 1 Juris Doctor Candidate, University of Denver Sturm College of Law. B.A., Indiana University Bloomington. I thank Professor Ian Farrell of the University of Denver Sturm College of Law for his supportive and extensive feedback throughout the development of this case comment. I also thank DENVER LAW REVIEW, Volume 99 Editor in Chief Carolyn Welter and Senior Forum Editor Ellen Blatt for their support during the publication process. Finally, I extend my thanks to all American immigrants for their infusion of culture, perspective, and grace to our nation. May the American legal system support all in her borders striving to prosper. 2 8 U.S.C. § 1229a(c)(4); 8 U.S.C. § 1229b(b)(1); Pereida v. Wilkinson, 141 S. Ct. 754, 759 (2021). 3 8 U.S.C. § 1182(a)(2)(A)(i). 4 Alina Das, The Immigration Penalties of Criminal Convictions: Resurrecting Categorical Analysis in Immigration Law, 86 N.Y.U. L. REv. 1669, 1673 (2011). s U.S. v. Uhl, 203 F. 860, 861 (2d Cir. 1914); Das, supra at 1691-92. 6 Pichardo-Sufren, 211. & N. Dec. 330, 335 (B.I.A. 1996); Das, supra at 1674.