970 F.3d 532
4th Cir.2020Background
- Petitioner Yonis Del Cid Argueta is a Salvadoran national and lawful permanent resident (LPR) admitted in November 2006.
- In February 2013 he pleaded guilty in Virginia to marijuana possession (deferred adjudication/probation).
- DHS later charged removability based on 2015 and 2016 marijuana convictions; Argueta conceded removability and applied for discretionary cancellation of removal under 8 U.S.C. § 1229b(a).
- The IJ held Argueta ineligible because his 2013 offense occurred within his first seven years after admission and, the IJ found, that offense rendered him “inadmissible” under 8 U.S.C. § 1182(a)(2), triggering the stop-time rule. The BIA affirmed.
- After briefing, the Supreme Court decided Barton v. Barr, holding that an LPR convicted of a § 1182(a)(2) offense during the initial seven years is “inadmissible” for stop-time purposes; applying Barton, the Fourth Circuit denied Argueta’s petition.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a conviction listed in 8 U.S.C. § 1182(a)(2) can “render” a lawfully admitted permanent resident "inadmissible" for the stop-time rule even if not seeking admission | Argueta: No — an LPR already admitted and not seeking entry cannot be ‘‘inadmissible’’; §1101(a)(13)(C) shows LPRs aren’t seeking admission. | Government/DHS: Yes — conviction under §1182(a)(2) creates an ‘‘inadmissible’’ status for stop-time purposes regardless of current admission status; BIA precedent supports this. | The court (following Barton) held a §1182(a)(2) conviction during the initial seven years renders an LPR inadmissible for §1229b(d)(1) stop-time; Argueta is ineligible for cancellation. |
Key Cases Cited
- Barton v. Barr, 140 S. Ct. 1442 (2020) (held convictions listed in §1182(a)(2) render LPRs “inadmissible” for stop-time/cancellation-of-removal purposes)
- Jaghoori v. Holder, 772 F.3d 764 (4th Cir. 2014) (jurisdictional precedent cited for review of BIA orders)