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.
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]
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 inadmissible.[5]