Decisions · 590 U.S. 573 (2020)

Nasrallah v. Barr

Nasrallah v. Barr (2020) says a federal appeals court may review factual challenges to a decision on torture protection under the Convention Against Torture, even when a listed crime bars fact review of the removal order. The review is highly deferential, so you need strong evidence in the record. It keeps a route to court open; it does not win the protection.

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General information, not legal advice. See the notice at the end of this page.

What did the Court decide, in plain terms?

Ordinarily, if you are removable for a crime listed in 8 U.S.C. § 1252(a)(2)(C), a court of appeals can look only at constitutional and legal claims in your case. Mr. Nasrallah pleaded guilty to receiving stolen property. A judge ordered him removed but granted protection under the Convention Against Torture from return to Lebanon. The Board reversed, and the Eleventh Circuit said it could not examine his factual objections. The Supreme Court disagreed. A torture-protection order is separate from the final order of removal, so the limit on fact review does not reach it. This matters directly in Florida, where the old Eleventh Circuit rule was overturned. The Ninth Circuit already allowed such review. Next step: if the Board ruled against you on torture, do not assume your conviction ends the case.

How hard is it to win on the facts?

Very hard. The Court called this deferential substantial-evidence review. The agency's findings stand unless any reasonable adjudicator would be compelled to conclude the opposite. Showing that the evidence could also support your view is not enough. The court decides only on the administrative record, so it will not take new letters or country reports. That makes the hearing the place to win. Testimony, medical proof of past harm and evidence about who would hurt you and why the government would be involved must all go in before the individual hearing ends. Next step: while your case is still before the judge, work through each fact the judge must find and attach evidence to it. After a loss, have a lawyer list the specific record pages that compel the opposite result.

What does Nasrallah not cover?

Three limits matter. First, the fact bar still applies to the removal order itself, so the court will not revisit facts behind your conviction-based removability. Second, the Court expressly left open whether the same reasoning reaches withholding of removal, so ask your lawyer what your circuit says before counting on it. Third, the Court said its ruling does not touch the provisions on expedited removal. The direction of the limits is against you, and a petition should say exactly which order and which finding it attacks. A lost torture claim can also sit alongside a lost asylum or withholding claim, each with its own rule. Next step: have a lawyer sort your Board decision into removability, asylum, withholding and torture, because the review available differs for each part.

How and when do I go to court?

First exhaust the Board. An appeal on Form EOIR-26 must reach the Board within 30 days of the judge's decision; receipt counts, not mailing. Some copies of 8 C.F.R. § 1003.38 still show 10 days, but a federal court vacated that change in March 2026 and EOIR memo PM 26-02 confirms 30. A final rule may change this, so check your order. The fee is $1,060 unless the Board waives it on Form EOIR-26A. A petition for review under INA § 242 then goes to the circuit where the judge finished the case: the Eleventh for Florida, the Ninth for California. It is due within 30 days of the final order, and the docket fee is $600. Filing does not stop removal, so ask for a stay. A Board decision in withholding-only proceedings is not itself a final removal order (Riley v. Bondi, 2025), so get advice at once. Next step: count 30 days from the Board's date, not from when mail arrived.

What do I get if I win, and when should I call?

Less than a green card. The Court explained that a torture-protection order does not affect the validity of the final removal order. It bars removal to the country where you would likely be tortured, and the government may still remove you to another country where you are not likely to be tortured. Plan for that possibility with your lawyer, including what to do if DHS names a different country. A court win usually sends the case back rather than granting protection directly. Ace Immigration handles this work through our removal defense practice. Next step: call as soon as a Board decision arrives, since 30 days pass quickly, and bring the decision, your conviction records and all evidence you filed.

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Frequently asked questions

Can a federal court review a denial of Convention Against Torture protection if I have a criminal conviction?

Yes. Under Nasrallah v. Barr (2020), a federal appeals court may review factual challenges to a torture-protection decision even when a crime listed in 8 U.S.C. § 1252(a)(2)(C) bars fact review of the removal order. The review is deferential: the agency's findings stand unless any reasonable adjudicator would be compelled to conclude the opposite.

Does Nasrallah v. Barr apply to withholding of removal?

That is not settled by the decision, because the Supreme Court in Nasrallah v. Barr expressly left open whether the same reasoning reaches withholding of removal. Ask your lawyer what your circuit says before counting on it. The review available can differ for removability, asylum, withholding and torture, so each part of a Board decision should be sorted separately.

Can I be deported to another country if I win torture protection?

Yes. As Nasrallah v. Barr explains, a torture-protection order does not affect the validity of the final removal order. It bars removal to the country where you would likely be tortured, but the government may still remove you to another country where you are not likely to be tortured. Plan with your lawyer for what to do if DHS names a different country.

Can I give the court of appeals new evidence in a torture case?

No. In review under Nasrallah v. Barr, the court decides only on the administrative record, so it will not take new letters or country reports. Testimony, medical proof of past harm and evidence about who would hurt you and why the government would be involved must go in before the individual hearing ends.

What is the deadline to file a petition for review of a torture protection denial?

A petition for review of a torture-protection denial under INA § 242 is due within 30 days of the final order, counted from the Board's date, in the circuit where the judge finished the case: the Eleventh for Florida, the Ninth for California. The docket fee is $600. Filing does not stop removal, so ask for a stay. A Board decision in withholding-only proceedings is not itself a final removal order (Riley v. Bondi, 2025), so get advice at once.

What is Nasrallah v. Barr?

Nasrallah v. Barr (2020) says a federal appeals court may review factual challenges to a decision on torture protection under the Convention Against Torture, even when a listed crime bars fact review of the removal order. The review is highly deferential, so you need strong evidence in the record. It keeps a route to court open; it does not win the protection.

What should I check before relying on this information?

Less than a green card. The Court explained that a torture-protection order does not affect the validity of the final removal order. It bars removal to the country where you would likely be tortured, and the government may still remove you to another country where you are not likely to be tortured. Plan for that possibility with your lawyer, including what to do if DHS names a different country. A court win usually sends the case back rather than granting protection directly. Ace Immigration handles this work through our [[/services/removal-defense|removal defense practice]]. Next step: call as soon as a Board decision arrives, since 30 days pass quickly, and bring the decision, your conviction records and all evidence you filed.

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