Tuesday, February 25, 2020

Supreme Court argument preview: Do federal courts have jurisdiction to review a challenge to an administrative denial of relief under the Convention Against Torture?


On March 2, the Supreme Court will hear oral argument in the case of Nasrallah v. BarrJennifer Chacon for SCOTUSBlog previews the oral arguments.  She describes the issue presented as follows:

"The Supreme Court is now being asked to decide whether Section 1252(a)(2)(C), which bars judicial review of factual determinations in final orders of removal on criminal grounds, also bars judicial review of Nasrallah’s challenge to the denial of his application for deferral of removal under the CAT, notwithstanding the jurisdictional grant in Section 1252(a)(4).

The circuit courts are currently split on this issue."

Professor Chacon's assessment:

"As it hears arguments in Nasrallah, the Supreme Court will likely focus on the text and structure of the statute to determine how best to reconcile Congress’ clear desire for judicial review in CAT cases with its competing, expressed desire to limit judicial review in certain cases involving noncitizens who have been convicted of crimes."



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