Barton v. Barr

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Barton v. Barr
Seal of the United States Supreme Court
Supreme Court of the United States
Argued November 4, 2019
Decided April 23, 2020
Full case nameAndre Martello Barton, Petitioner v. William P. Barr, Attorney General
Docket no.18-725
Citations590 U.S. ___ (more)
ArgumentOral argument
Case history
PriorUnited 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
Chief Justice
John Roberts
Associate Justices
Clarence Thomas · Ruth Bader Ginsburg
Stephen Breyer · Samuel Alito
Sonia Sotomayor · Elena Kagan
Neil Gorsuch · Brett Kavanaugh
Case opinions
MajorityKavanaugh, joined by Roberts, Thomas, Alito, Gorsuch
DissentSotomayor, 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 offence 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 offences. 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 permeant 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 inadmissable.[5]

References[]

  1. ^ "Barton v. Barr". Ballotpedia. Retrieved 2020-12-14.
  2. ^ "Barton v. Barr". Oyez. Retrieved 2020-12-14.
  3. ^ Lambe, Jerry (2020-04-23). "Supreme Court Conservatives Rule Against Legal Immigrant Who Sought to Reverse a Deportation Order". Law & Crime. Retrieved 2020-12-14.
  4. ^ Kavanaugh, Justice Brett. "Barton v. Barr, 590 U.S. ___ (2020)". Justia Law. Retrieved 2020-12-14.
  5. ^ Sotomayor, Justice Sonia. "Barton v. Barr, 590 U.S. ___ (2020)". Justia Law. Retrieved 2020-12-14.
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