Nidal Khalid Nasrallah, Petitioner v. William P. Barr

Summary

The Court, in an opinion by Justice Kavanaugh, held that the statutory bar on reviewing factual challenges to certain criminal noncitizens’ final removal orders does not bar factual review of orders denying Convention Against Torture relief. A CAT order neither constitutes nor merges into a final removal order because it does not affect that order’s validity. Courts of appeals review CAT factual findings under the deferential substantial-evidence standard. The Court reversed the Eleventh Circuit without deciding whether Nasrallah qualified for CAT relief. Justice Thomas, joined by Justice Alito, dissented, reasoning that the statutory zipper clause incorporates CAT claims into review of final removal orders and subjects them to the criminal-alien jurisdictional bar.