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Avoiding the Stop-Time Rule after Barton v. Barr
Practice Advisory This practice advisory is a detailed follow-up to
our prior practice alert -
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on the Supreme Court's April 23, 2020 decision in Barton v. Barr, 140
S. Ct. 1442 (2020). In Barton, the Court held that committing an
offense “listed in” the inadmissibility grounds at INA §
212(a)(2) triggers the "stop-time" rule for purposes of cancellation
of removal eligibility, even for an admitted LPR who cannot be
charged as removable under the inadmissibility grounds.

This advisory -
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provides an in-depth discussion of the Barton decision, focusing on
legal arguments to push back against overreaching DHS efforts seeking
to trigger the stop-time rule, legal arguments and trial strategies
to prevent conduct that did not result in conviction from triggering
the stop-time rule, and considerations for criminal defense lawyers
representing immigrants in criminal proceedings.

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