Decisions · 590 U.S. 573 (2020)

Nasrallah v. Barr

The Supreme Court held that the criminal-alien judicial-review bar does not preclude review of factual challenges to a Convention Against Torture order. This does not guarantee CAT protection or eliminate all review limits.

Published:

Scope and purpose

For the relevant provision of 8 U.S.C. §1252, the Court distinguished a CAT order from a final removal order. The decision concerns appellate review of factual issues, not a change to the substantive standard for torture protection.

Related rules and practical context

INA §242 supplies the review framework and INA §241 includes statutory withholding, which is distinct from CAT. Form I-589 protection requests still require evidence and individual analysis; filing and procedural requirements must be checked separately.

Primary sources

General reference information, not legal advice. A summary does not replace the statute or full decision. Check applicability and subsequent developments before filing. Publication does not imply attorney legal review or create an attorney-client relationship.

Frequently asked questions

What is Nasrallah v. Barr?

The Supreme Court held that the criminal-alien judicial-review bar does not preclude review of factual challenges to a Convention Against Torture order. This does not guarantee CAT protection or eliminate all review limits.

What should I check before relying on this information?

INA §242 supplies the review framework and INA §241 includes statutory withholding, which is distinct from CAT. Form I-589 protection requests still require evidence and individual analysis; filing and procedural requirements must be checked separately.

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