The Supreme Court has determined that federal appellate courts have jurisdiction to review the agency’s factual findings related to a claims protection under the Convention Against Torture (CAT) even if the person has been found removable for a conviction that would normally strip the court’s jurisdiction to review factual findings.

“A CAT order is not itself a final order of removal because it is not an order ‘concluding that the alien is deportable or ordering deportation.’ As the Government acknowledges, a CAT order does not disturb the final order of removal. An order granting CAT relief means only that, notwithstanding the order of removal, the noncitizen may not be removed to the designated country of removal, at least until conditions change in that country. But the noncitizen still ‘may be removed at any time to another country where he or she is not likely to be tortured.’” The factual findings would be reviewed under the deferential substantial evidence standard.

The full text of Nasrallah v. Barr can be found here:

https://www.supremecourt.gov/opinions/19pdf/18-1432_e2pg.pdf

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