Barton v. Barr
U.S. Supreme Court · decided April 23, 2020 · Supreme Court Database (Spaeth)
- Decided
- April 23, 2020
- Term
- October Term 2019
- Vote
- 5–4
- Majority author
- Justice Kavanaugh
- Issue area
- Civil Rights
- Disposition
- Affirmed
- Outcome
- Petitioning party lost
- Ideological direction
- Conservative
Opinion excerpt
Justice KAVANAUGH delivered the opinion of the Court. Under the immigration laws, a noncitizen who is authorized to live permanently in the United States is a lawful permanent resident-also commonly known as a green-card holder. But unlike a U.S. citizen, a lawful permanent resident who commits a serious crime may be removed from the United States. Andre Barton is a Jamaican national and a longtime lawful permanent resident of the United States. During his time in the United States, Barton has been convicted of state crimes on three separate occasions spanning 12 years. The crimes include a firearms offense, drug offenses, and aggravated assault offenses. By law, the firearms offense and the drug offenses each independently rendered Barton eligible for removal from the United States. In September 2016, the U.S. Government sought to remove Barton, and a U.S. Immigration Judge determined that Barton was removable. Barton applied for cancellation of removal, a form of relief that allows a noncitizen to remain in the United States despite being found removable. The immigration laws authorize an immigration judge to cancel removal, but Congress has established strict eligibility requirements. See 8 U.S.C. §§ 1229b(a), (d)(1)(B). For a lawful permanent resident such as Barton, the applicant for cancellation of removal (1) must have been a lawful permanent resident for at least five…
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