Tuesday, October 29, 2019
Jayesh Rathod on SCOTUSBlog previews the November 4 oral argument in the Supreme Court in Barton v. Barr. The case raises the technical issue "[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)." As Professor Rathod writes,
"With public attention focused squarely on the DACA litigation, Barton v. Barr is not the marquee immigration case for the October 2019 term. Nevertheless, the case presents a compelling question of statutory interpretation, and has the potential to affect thousands of noncitizens with criminal records who face removal from the United States. In Barton, the Supreme Court is examining once again the stop-time rule – the same provision of the Immigration and Nationality Act that the justices dissected in Pereira v. Sessions in 2018."
Barton v. Barr sounds like a grind it out case with competing interpretations of the immigration statute.