''Barton v. Barr'', 590 U.S. __ (2020) is a

Supreme Court of the United States The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...

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.

Background

Andre 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 An assault is the act of committing physical harm or unwanted physical contact upon a person or, in some specific legal definitions, a threat or attempt to commit such an action. It is both a crime and a tort and, therefore, may result in crim ...

, 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. Lawful permanent residents in the United States are subject to removal proceedings if they commit certain crimes. 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). 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. 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

Justice 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 Cancellation of removal is a provision of the Immigration and Nationality Act (INA) of the United States that allows some aliens who are in removal proceedings, who have lived in the United States for a long period of time and meet certain other c ...

when a lawful permanent resident has amassed a criminal record of this kind." 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.

References

{{Immigration to the United States 2020 in United States case law United States Supreme Court cases of the Roberts Court United States Supreme Court cases United States immigration and naturalization case law Legal history of Georgia (U.S. state) Deportation from the United States Jamaican-American history