SCOTUS is deciding cancellation of removal issue – Andy G. Strickland

The US Supreme Court is deciding a very important case.  This case is Barton v. United States Att’y Gen., 904 F.3d 1294 (11th Cir. 2018), cert. granted, 139 S. Ct. 1615 (2019).  This is a very important case because it could open up the possibility of relief for many permanent residents.

One important form of relief used by permanent residents (greencard holders).  This form of relief is available to greencard holders who have been in the US for five years as a lawful permanent resident, have lived in the US at least seven years in any status, have not been convicted of an aggravated felony, and deserve to have your case granted as an exercise of discretion.

Unfortunately, depending on when a permanent resident committed certain crimes could render the resident ineligible for cancellation of removal.  This is called the “stop time rule”.  The court will decide whether a lawfully admitted permanent resident who is not seeking admission to the United States can be “render[ed] … inadmissible” for the purposes of the stop-time rule, 8 U.S.C. § 1229b(d)(1).