Immigration · Primary-source case analysis

Barton: An Inadmissibility Offense Can Trigger the Cancellation Stop-Time Rule

By Aneeta Mishra and Timothy Chan

Published April 17, 2026

Barton reads the cancellation-of-removal stop-time rule by separating the offense that triggers removal from an earlier offense that cuts off the required period of continuous residence.

Removability and cancellation

Lawful permanent resident Andre Barton was found removable based on firearms and drug offenses. He sought cancellation, which required seven years of continuous residence after admission. The immigration judge held that aggravated-assault offenses committed within those seven years triggered the stop-time rule.

The triggering offense need not be the removal charge

Section 1229b(d)(1)(B) asks whether the noncitizen committed an offense referred to in section 1182(a)(2) that renders the person inadmissible. The Court held that the referenced offense need not also be the offense charged as the basis for removing a lawful permanent resident.

Inadmissibility can operate as a statutory status

Barton argued that an already admitted resident could not be 'rendered inadmissible' without being placed in an admission proceeding. The majority rejected that view, reading inadmissibility as a status that can follow from conviction of a listed offense and carry consequences in statutory settings governing admitted noncitizens.

Disposition and timing

Because the aggravated assaults were crimes involving moral turpitude committed during Barton's initial seven years and later resulted in convictions, the Court held him ineligible for cancellation and affirmed the Eleventh Circuit. The offense date, conviction, admission history, and cross-referenced ground all mattered.

Key takeaways

• The cancellation stop-time offense need not be the charged removal ground.
• Screen all section 1182(a)(2) offenses within the initial seven years.
• Commission and conviction dates perform different statutory work.
• Lawful admission does not prevent inadmissibility from operating in other INA provisions.