ABSTRACT

Supreme Court Rules That Lawful Permanent Residents May Be Treated as 'Inadmissible' Under Cancellation of Removal Statute [May 13, 2020]   [open pdf - 662KB]

From the Document: "A non-U.S. national (alien) admitted into the United States as a lawful permanent resident (LPR) enjoys certain benefits that other classes of aliens do not. For instance, an LPR may remain in the United States permanently, work in the United States without restrictions, and qualify for federal public benefits. Unlike U.S. citizens, however, LPRs may be subject to removal if they commit certain immigration violations, including specified criminal offenses. Even so, an LPR placed in formal removal proceedings may apply for a discretionary form of relief known as cancellation of removal. The LPR must satisfy certain criteria to be eligible. Among other things, the LPR could not have committed certain enumerated crimes within the first seven years of admission into the United States. In 'Barton v. Barr,' the Supreme Court held that the commission of certain crimes set forth in § 212 of the Immigration and Nationality Act (INA), a provision generally applicable to aliens who have not been admitted into the United States, could render an LPR ineligible for cancellation of removal if committed within seven years of the LPR's admission. The Court's 5-4 decision, in which the Justices split on how to interpret provisions of the INA properly, could significantly limit the ability of some LPRs with criminal records to qualify for cancellation of removal. This Legal Sidebar examines the decision."

Report Number:
CRS Legal Sidebar, LSB10464
Author:
Publisher:
Date:
2020-05-13
Copyright:
Public Domain
Retrieved From:
Congressional Research Service: https://crsreports.congress.gov/
Format:
pdf
Media Type:
application/pdf
URL:
Help with citations