Barton v. Barr

Andre Martello Barton, a Jamaican national and lawful permanent resident since 1992, was convicted of state crimes over twelve years, including aggravated assault in 1996, firearm offenses, and drug offenses in 2007 and 2008. After the government initiated removal proceedings, Barton applied for cancellation of removal. An Immigration Judge and the Board of Immigration Appeals concluded he was ineligible because his 1996 aggravated assault, committed within his first seven years of residence, triggered the stop-time rule under 8 U.S.C. § 1229b(d)(1)(B), even though it was not the offense of removal. The Eleventh Circuit affirmed. The Supreme Court granted certiorari to resolve a circuit split on whether an offense that precludes cancellation must also be an offense of removal.

The Supreme Court affirmed the Eleventh Circuit in a 5-4 decision authored by Justice Kavanaugh. The Court held that a § 1182(a)(2) offense committed during the initial seven years of residence need not be one of the offenses of removal to preclude cancellation of removal. Justice Sotomayor filed a dissenting opinion, joined by Justices Ginsburg, Breyer, and Kagan, arguing that the majority's interpretation improperly treats a lawful permanent resident as "inadmissible" despite his lawful admission.

Whether, for purposes of the stop-time rule under 8 U.S.C. § 1229b(d)(1)(B), a lawful permanent resident who is not seeking admission can be "rendered inadmissible" by a § 1182(a)(2) offense committed during the initial seven years of residence, and whether that offense must be one of the offenses of removal.

The decision significantly limited the availability of cancellation of removal for lawful permanent residents with criminal records, resolving a circuit split in favor of the government's restrictive reading. Legal scholars criticized the ruling for reducing judicial discretion to weigh family ties and rehabilitation evidence in removal proceedings. Commentators noted that the decision aligned with the Trump administration's broader immigration enforcement priorities, potentially leading to increased deportations of long-term residents with old convictions.