| Barton v. Barr | |
|---|---|
 | |
| Argued November 4, 2019 Decided April 23, 2020 | |
| Full case name | Andre Martello Barton, Petitioner v. William P. Barr, Attorney General |
| Docket no. | 18-725 |
| Citations | 590 U.S. ___ ( more) |
| Argument | Oral argument |
| Case history | |
| Prior | United States Court of Appeals for the Eleventh Circuit |
| Holding | |
| The court held that for purposes of cancellation-of-removal eligibility, a §1182(a)(2) offense committed during the initial seven years of residence does not need to be one of the offenses of removal. | |
| Court membership | |
| |
| Case opinions | |
| Majority | Kavanaugh, joined by Roberts, Thomas, Alito, Gorsuch |
| Dissent | Sotomayor, joined by Ginsburg, Breyer, Kagan |
| Laws applied | |
| 8 U.S. Code § 1182 | |
Barton v. Barr, 590 U.S. __ (2020) is a Supreme Court of the United States ruling which upheld a decision by the Eleventh Circuit Court of Appeals that permanent residents could be rendered "inadmissible" to the United States for an offense after the initial seven years of residence under the Reed Amendment.
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, 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. [1]
The Department of Homeland Security (DHS) determined that Barton could be deported for these offenses. Barton filed an appeal to cancel his deportation to the United States Attorney General under 8 U.S.C. § 1229b(a) as he had been a permanent resident for over seven years. [2] [3]
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 when a lawful permanent resident has amassed a criminal record of this kind." [4]
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. [5]
References
- ^ "Barton v. Barr". Ballotpedia. Retrieved December 14, 2020.
- ^ "Barton v. Barr". Oyez. Retrieved December 14, 2020.
- ^ Lambe, Jerry (April 23, 2020). "Supreme Court Conservatives Rule Against Legal Immigrant Who Sought to Reverse a Deportation Order". Law & Crime. Retrieved December 14, 2020.
- ^ Kavanaugh, Justice Brett. "Barton v. Barr, 590 U.S. ___ (2020)". Justia Law. Retrieved December 14, 2020.
- ^ Sotomayor, Justice Sonia. "Barton v. Barr, 590 U.S. ___ (2020)". Justia Law. Retrieved December 14, 2020.