Supreme Court Issues LPR Stop-Time Rule Decision in Barton v. Barr

On April 23, 2020, the Supreme Court of the United States published its decision in Barton v. Barr [PDF version], a stop-time rule case in the context of cancellation of removal for certain lawful permanent residents.

By a vote of 5-4, the Supreme Court held that, for purposes of eligibility for cancellation of removal for certain lawful permanent residents, an offense referred to in INA 212(a)(2) that is committed within the lawful permanent resident's initial seven years of residence need not be one of the offenses of removal in order to cause him or her to be ineligible for cancellation. The Court concluded that a lawful permanent resident can be “rendered inadmissible” for purposes of triggering the stop-time rule even if he or she was never adjudicated inadmissible or otherwise in a position for the question of inadmissibility to arise. In so doing, the Court affirmed the decision of the United States Court of Appeals for the Eleventh Circuit below, and effectively abrogated a contrary decision published by the United States Court of Appeals for the Ninth Circuit.

The Court's decision was authored by Justice Brett Kavanaugh, who was joined in full by Chief Justice John Roberts and Associate Justices Clarence Thomas, Samuel Alito, and Neil Grosuch. The dissenting opinion was authored by Justice Sonia Sotomayor, and joined in full by Justices Ruth Bader Ginsburg, Stephen Breyer, and Elena Kagan.

We look forward to publishing a full article on the decision and what it means going forward in the future. Any alien in removal proceedings who is seeking relief from removal in the form of cancellation or some other mechanism under the immigration laws should consult with an experienced immigration attorney for case-specific guidance.