IMMIGRATION AND NATIONALITY ACT (“INA”)

Issues

This case asks the Supreme Court to determine whether Section 1252(a)(2)(C) of the Immigration and Nationality Act (INA)—which provides that courts do not have jurisdiction to review “final orders of removal” against any noncitizen ordered removed from the country for committing certain criminal offenses—prohibits federal courts of appeals from reviewing the facts underlying orders granting or denying noncitizens relief from deportation under the United Nations Convention Against Torture (CAT). Under CAT, the United States cannot remove a noncitizen to a country where they are likely to be tortured. While Section 1252(a)(2)(C) strips courts of the ability to review “any final order of removal,” Nasrallah argues that CAT orders are distinct orders that fall outside this phrase. Barr, on the other hand, argues that Section 1252(a)(2)(C) intends to include CAT orders within the phrase “final order of removal” and thus limits judicial review of the facts underlying those orders. The outcome of this case will affect the number of opportunities that criminal noncitizens have to challenge the accuracy of the facts underlying a denial of their claim for CAT relief.

Questions as Framed for the Court by the Parties

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