Barton v. Barr, 590 U.S. __ (2020) is a Supreme Court of the United States ruling which upheld a decision by the Eleventh Circuit Court of Appeals that permanent residents rendered "inadmissible" for some crimes committed under §1182(a)(2) within the initial seven years of continuous residence were ineligible for §1229b cancellation of removal relief.
| Barton v. Barr | |
|---|---|
 | |
| Argued November 4, 2019 Decided April 23, 2020 | |
| Full case name | Andre Martello Barton, Petitioner v. William P. Barr, Attorney General |
| Docket no. | 18-725 |
| Citations | 590 U.S. ___ (more) |
| Argument | Oral argument |
| Case history | |
| Prior | United States Court of Appeals for the Eleventh Circuit |
| Holding | |
| The court held that for purposes of cancellation-of-removal eligibility, a §1182(a)(2) offense committed during the initial seven years of residence makes a noncitizen ineligible for relief under the §1229b(d)(1)(B) stop time rule | |
| Court membership | |
| |
| Case opinions | |
| Majority | Kavanaugh, joined by Roberts, Thomas, Alito, Gorsuch |
| Dissent | Sotomayor, joined by Ginsburg, Breyer, Kagan |
| Laws applied | |
| 8 U.S. Code § 1182 | |
Background
editAndre Martello Barton was born in Jamaica admitted to the United States in May, 1989. In 1992, he became a lawful green-card resident of the U.S. However, he was found guilty of criminal damage to property, aggravated assault, possession of a firearm during the commission of a felony (O.C.G.A. § 16-11-106) and violations of Georgia's Controlled Substances Act.[1]
Lawful permanent residents in the United States are subject to removal proceedings if they commit certain crimes.[2] The Department of Homeland Security (DHS) determined that Barton could be deported for these offenses. Barton applied for "cancellation of removal" under 8 U.S.C. § 1229b(a).[3]
Barton had a strong case for a "cancellation of removal" because of his family ties in the US, long residency from a young age, and continuous residency for seven years as required by §1229b(a). The immigration judge decided Barton was categorically ineligible for relief under the cancellation of removal statute because he had committed §1182(a)(2) offenses within that seven year period triggering the stop time rule under §1229b(d)(1)(B). Under the stop time rule continuous residence (for the purpose of cancellation of removal) ends when the noncitizen commits an offense "referred to in section 1182(a)(2) of this title that renders the alien inadmissible to the United States". This makes a noncitizen categorically ineligible for relief under §1229b.[2]
The Eleventh Circuit Court of Appeals agreed with the Board of Immigration Appeals. The United States Supreme Court affirmed the Court of Appeals decision.
Ruling
editJustice Brett Kavanaugh, writing the majority opinion, ruled that DHS could deport Barton stating "the immigration laws enacted by Congress do not allow cancellation of removal when a lawful permanent resident has amassed a criminal record of this kind."[4]
In a dissenting opinion, Justice Sonia Sotomayor argued that as Barton had already been admitted, the Government must prove he is deportable rather than just inadmissible.[5]
References
edit- ^ "Barton v. Barr". Ballotpedia. Retrieved December 14, 2020.
- ^ a b "Supreme Court Rules That Lawful Permanent Residents May Be Treated as "Inadmissible" Under Cancellation of Removal Statute". congress.gov.
- ^ "Barton v. Barr". Oyez. Retrieved December 14, 2020.
- ^ Kavanaugh, Justice Brett. "Barton v. Barr, 590 U.S. ___ (2020)". Justia Law. Retrieved December 14, 2020.
- ^ Sotomayor, Justice Sonia. "Barton v. Barr, 590 U.S. ___ (2020)". Justia Law. Retrieved December 14, 2020.