18-1432 NASRALLAH V. BARR
DECISION BELOW: 2019 WL 626456
CERT. GRANTED 10/18/2019
Because of the United States' inviolable obligation not to deport individuals to
countries in which they are likely to be subject to torture, individuals who are statutorily
ineligible for asylum may request withholding (or deferral) of removal. Such relief is, as
courts repeatedly note, a fundamental bulwark to ensure that the government's decision
to deport an individual does not result in torture or death.
The courts of appeals have deeply and intractably divided as to whether 8 U.S.C.
§ 1252(a)(2)(C) divests them of jurisdiction to review factual findings underlying the
administrative agency's decision to deny a request for withholding (or deferral) of
removal relief. The United States has expressly acknowledged the conflict among the
circuits, and it has previously acquiesced to certiorari on this question. This case, unlike
those before it, cleanly presents the question for review.
The question presented is:
Whether, notwithstanding Section 1252(a)(2)(C), the courts of appeals possess
jurisdiction to review factual findings underlying denials of withholding (and deferral) of
LOWER COURT CASE NUMBER: 17-13105