Practice Alert: The Impact of Barton v. Barr on Eligibility for Cancellation of Removal

Removal Defense
Publication Date

On April 23, 2020, the U.S. Supreme Court issued an adverse, 5-4 decision in Barton v. BarrNo. 18-725 (U.S. Apr. 23, 2020), a case regarding the “stop-time rule” and eligibility for cancellation of removal. The Court held that committing an offense “listed in” the inadmissibility grounds at INA § 212(a)(2) stops time for purposes of cancellation, even for an admitted LPR who cannot be charged as removable under the inadmissibility grounds. The Barton opinion will primarily limit eligibility for LPR cancellation, but will have some impact on non-LPR cancellation and VAWA cancellation. This Practice Alert provides a summary and some analysis of the Barton opinion, and some initial tips for practitioners.