On December 4, 2012, a petition for a writ of certiorari filed by Wiley Rein’s Appellate Practice, including co-chair Andrew G. McBride, and Brett A. Shumate, was named the “Petition of the Day” by the widely read Supreme Court publication SCOTUSblog.
On July 30, Wiley Rein filed a petition for certiorari in the Supreme Court on behalf of a legal U.S. resident facing deportation in Kwong v. Holder, 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.