Monday, April 22, 2019

Supreme Court Grants Cert in Removal Case


Today, the Supreme Court granted certiorari in Barton v. Barr.  The issue in the case is "[w]hether a lawfully admitted permanent resident who is not seeking admission to the United States can be `render[ed] ... inadmissible” for the purposes of the stop-time rule, 8 U.S.C. § 1229b(d)(1).'"  The Eleventh Circuit, agreeing with three circuits and disagreeing with the Ninth Circuit, held against the noncitizen.

Amy Howe on SCOTUSBlog describes the case as follows:

"In Barton v. Barr, the justices will consider the case of Andre Barton, a 40-year-old native of Jamaica who came to the United States as a child in 1989 and obtained his green card – becoming a lawful permanent resident – a few years later. In January 1996, Barton was charged with aggravated assault, damage to property and first-degree possession of a gun during the commission of a felony. In 2007 and 2008, he was arrested on drug possession charges but has stayed out of trouble since then: He graduated from technical college and now runs a car shop; his four children and his fiancée are all U.S. citizens.

In 2008, the government began proceedings to deport Barton. Under federal immigration laws, a green-card holder can fend off deportation if he has lived in the United States continuously for at least seven years. But under a provision known as the “stop-time” rule, the period of continuous residence ends if he commits an offense that would make him inadmissible to the United States. The question that the court agreed to review today in Barton’s case is whether a lawful permanent resident can, for purposes of the “stop-time” rule, commit an offense that makes him inadmissible if he is not seeking to be admitted to the United States."


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