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Barton v. Barr

Docket No.18-725
Op. Below11th Cir.
ArgumentNov 4, 2019

Holding

In determining eligibility for cancellation of removal of a lawful permanent resident who commits a serious crime, an offense listed in 8 U.S.C. § 1182(a)(2) committed during the initial seven years of residence need not be one of the offenses of removal.

Judgment

Affirmed, 5-4, in an opinion by Brett Kavanaugh on Apr 23, 2020. Justice Sotomayor filed a dissenting opinion, in which Justices Ginsburg, Breyer and Kagan joined.

Proceedings & orders timeline

Dec 4, 2018
Petition for a writ of certiorari filed. (Response due January 7, 2019)
Dec 4, 2018
Pursuant to Rule 34.6 and Paragraph 9 of the Guidelines for the Submission of Documents to the Supreme Court's Electronic Filing System, filings in this case should be submitted in paper form only, and should not be submitted through the Court's electronic filing system.
Jan 3, 2019
Motion to extend the time to file a response from January 7, 2019 to February 6, 2019, filed.
Jan 7, 2019
Motion to extend the time to file a response is granted and the time is extended to and including February 6, 2019.
Jan 31, 2019
Motion for an extension of time to file a response from February 6, 2019 to March 8, 2019 filed.
Jan 31, 2019
Motion to extend the time to file a response is granted and the time is further extended to and including March 8, 2019.
Mar 8, 2019
Brief of respondent William P. Barr, Attorney General in opposition filed.
Mar 15, 2019
Reply of petitioner Andre Martello Barton filed.
Mar 20, 2019
DISTRIBUTED for Conference of 4/12/2019.
Apr 15, 2019
DISTRIBUTED for Conference of 4/18/2019.
Apr 22, 2019
Petition GRANTED.
Apr 22, 2019
As Rule 34.6 provides, “If the Court schedules briefing and oral argument in a case that was governed by Federal Rule of Civil Procedure 5.2(c) or Federal Rule of Criminal Procedure 49.1(c), the parties shall submit electronic versions of all prior and subsequent filings with this Court in the case, subject to [applicable] redaction rules.” Subsequent party and amicus filings in the case should now be submitted through the Court’s electronic filing system, with any necessary redactions.
May 9, 2019
Motion to dispense with printing the joint appendix filed by petitioner Andre Martello Barton.
May 10, 2019
Motion for an extension of time to file the briefs on the merits filed.
May 10, 2019
Motion to extend the time to file the briefs on the merits granted. The time to file petitioner's brief on the merits is extended to and including June 26, 2019. The time to file respondent's brief on the merits is extended to and including August 15, 2019.
May 20, 2019
Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
Jun 17, 2019
Blanket Consent filed by Petitioner, Andre Martello Barton.
Jun 26, 2019
Brief of petitioner Andre Martello Barton filed.
Jul 2, 2019
Brief amici curiae of Immigration Law Professors filed.
Jul 3, 2019
Brief amici curiae of National Immigrant Justice Center and American Immigration Lawyers Association filed.
Jul 3, 2019
Brief amici curiae of Momodoulamin Jobe and The Immigrant Defense Project filed.
Jul 3, 2019
Brief amici curiae of Former United States Immigration Judges filed.
Jul 3, 2019
Brief amicus curiae of Capital Area Immigrants' Rights Coalition filed. (July 24, 2019)
Jul 8, 2019
SET FOR ARGUMENT on Monday, November 4, 2019.
Jul 10, 2019
Amicus brief of Capital Area Immigrants' Rights Coalition not accepted for filing. (Corrected version submitted)
Aug 15, 2019
Brief of respondent William P. Barr, Attorney General filed.
Sep 3, 2019
CIRCULATED
Sep 16, 2019
Reply of petitioner Andre Martello Barton filed. (Distributed)
Sep 16, 2019
Record requested from the U.S.C.A. 11th Circuit.
Sep 16, 2019
The record from the U.S.C.A. 11th Circuit is electronic and located on Pacer, 11th Circuit record is full and complete.
Oct 22, 2019
Record from the U.S.C.A. updated. The record has been sent electronically and filed.
Nov 4, 2019
Argued. For petitioner: Adam G. Unikowsky, Washington, D. C. For respondent: Frederick Liu, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
Apr 23, 2020
Adjudged to be AFFIRMED. Kavanaugh, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Alito, and Gorsuch, JJ., joined. Sotomayor, J., filed a dissenting opinion, in which Ginsburg, Breyer, and Kagan, JJ., joined.
May 26, 2020
JUDGMENT ISSUED.

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