Barton v. Barr
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 18-725 | 11th Cir. | Nov 4, 2019 | Apr 23, 2020 | 5-4 | Kavanaugh | OT 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 Justice Kavanaugh on April 23, 2020. Justice Sotomayor filed a dissenting opinion, in which Justices Ginsburg, Breyer and Kagan joined.
SCOTUSblog Coverage
- Opinion analysis: Divided court upholds restrictive reading of immigration statute, limiting relief to noncitizens facing removal (Jayesh Rathod, April 24, 2020)
- Live blog of opinions (Update: Completed) (Kalvis Golde, April 23, 2020)
- Argument analysis: Justices examine structure and purpose of puzzling immigration statute (Jayesh Rathod, November 6, 2019)
- Argument preview: Can a noncitizen be "inadmissible" if they are not seeking admission to the U.S.? (Jayesh Rathod, October 28, 2019)
- Overview of the court's criminal docket for OT 19 – sizeable and significant (Rory Little, September 9, 2019)
- Court to take up LGBT rights in the workplace (Updated) (Amy Howe, April 22, 2019)
| Date | Proceedings and Orders |
|---|---|
| 12/04/2018 | Petition for a writ of certiorari filed. (Response due January 7, 2019) |
| 12/04/2018 | 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. |
| 01/03/2019 | Motion to extend the time to file a response from January 7, 2019 to February 6, 2019, filed. |
| 01/07/2019 | Motion to extend the time to file a response is granted and the time is extended to and including February 6, 2019. |
| 01/31/2019 | Motion for an extension of time to file a response from February 6, 2019 to March 8, 2019 filed. |
| 01/31/2019 | Motion to extend the time to file a response is granted and the time is further extended to and including March 8, 2019. |
| 03/08/2019 | Brief of respondent William P. Barr, Attorney General in opposition filed. |
| 03/15/2019 | Reply of petitioner Andre Martello Barton filed. |
| 03/20/2019 | DISTRIBUTED for Conference of 4/12/2019. |
| 04/15/2019 | DISTRIBUTED for Conference of 4/18/2019. |
| 04/22/2019 | Petition GRANTED. |
| 04/22/2019 | 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. |
| 05/09/2019 | Motion to dispense with printing the joint appendix filed by petitioner Andre Martello Barton. |
| 05/10/2019 | Motion for an extension of time to file the briefs on the merits filed. |
| 05/10/2019 | 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. |
| 05/20/2019 | Motion to dispense with printing the joint appendix filed by petitioner GRANTED. |
| 06/17/2019 | Blanket Consent filed by Petitioner, Andre Martello Barton. |
| 06/26/2019 | Brief of petitioner Andre Martello Barton filed. |
| 07/02/2019 | Brief amici curiae of Immigration Law Professors filed. |
| 07/03/2019 | Brief amici curiae of National Immigrant Justice Center and American Immigration Lawyers Association filed. |
| 07/03/2019 | Brief amici curiae of Momodoulamin Jobe and The Immigrant Defense Project filed. |
| 07/03/2019 | Brief amici curiae of Former United States Immigration Judges filed. |
| 07/03/2019 | Brief amicus curiae of Capital Area Immigrants' Rights Coalition filed. (July 24, 2019) |
| 07/08/2019 | SET FOR ARGUMENT on Monday, November 4, 2019. |
| 07/10/2019 | Amicus brief of Capital Area Immigrants' Rights Coalition not accepted for filing. (Corrected version submitted) |
| 08/15/2019 | Brief of respondent William P. Barr, Attorney General filed. |
| 09/03/2019 | CIRCULATED |
| 09/16/2019 | Reply of petitioner Andre Martello Barton filed. (Distributed) |
| 09/16/2019 | Record requested from the U.S.C.A. 11th Circuit. |
| 09/16/2019 | The record from the U.S.C.A. 11th Circuit is electronic and located on Pacer, 11th Circuit record is full and complete. |
| 10/22/2019 | Record from the U.S.C.A. updated. The record has been sent electronically and filed. |
| 11/04/2019 | Argued. For petitioner: Adam G. Unikowsky, Washington, D. C. For respondent: Frederick Liu, Assistant to the Solicitor General, Department of Justice, Washington, D. C. |
| 04/23/2020 | 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. |
| 05/26/2020 | JUDGMENT ISSUED. |