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1 1 (May 13, 2020)

handle is hein.crs/govdanp0001 and id is 1 raw text is: Supreme Court Rules That Lawful Permanent Residents May Be Treated as 'Inadmissible Under Cancellation of Removal Statute May 13, 2020 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. Statutory Framework: Inadmissibility and Deportability The INA sets forth a framework for the removal of aliens who either lack authorization to enter or remain in the United States, or who have engaged in specified conduct (e.g., certain types of criminal activity). The INA sets different grounds for removal for aliens who have been lawfully admitted into the United States and those who have not (i.e., those seeking initial admission into the country and unlawful entrants). Aliens who were lawfully admitted-including LPRs-can be removed from the United States if they fall under specified grounds of deportability listed in INA § 23 7(a). Aliens who have not been admitted into the United States-whether first arriving or having entered the country without being lawfully admitted-can be denied admission and removed if they fall under specified grounds of inadmissibility listed in INA § 212(a). Both the grounds of deportability and inadmissibility include the commission of certain enumerated criminal offenses. Though they overlap (e.g., both grounds of Congressional Research Service https://crsreports.congress.gov LSB10464 CRS Lega Sidebar Prepaed for Membeivs and Cornm ittees o4 Cor~qress --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

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