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Wiley Rein Petition for Certiorari Featured on SCOTUSblog

SCOTUSblog
December 14, 2011

On December 14, 2011, the widely read Supreme Court publication SCOTUSblog identified a petition for a writ of certiorari filed by Wiley Rein's Appellate Practice, including co-chair Andrew G. McBride, and Brett A. Shumate, as one of the "Petitions We're Watching."

On September 29, Wiley Rein filed a petition for certiorari in the Supreme Court on behalf of a legal U.S. resident facing deportation in a closely watched immigration case. At issue is whether an abstract of judgment qualifies as a conclusive record that may be relied upon to determine whether a prior conviction qualifies as an aggravated felony for purposes of deportation.

Wiley Rein's petition argues that Supreme Court review is warranted because abstracts of judgment are inherently unreliable. An abstract of judgment is not a conclusive record made or used in adjudicating guilt because it is not prepared by a court official at the time the guilty plea is taken, nor does an abstract contain an explicit factual finding by the trial judge to which the defendant assented.

To read the petition, please click here.

To read the reply brief please click here.

For more information, please contact Andrew G. McBride at 202.719.7135 or amcbride@wileyrein.com or Brett A. Shumate at 202.719.7168 or bshumate@wileyrein.com.