Immigration · Primary-source case analysis

Nasrallah: Federal Courts May Review Factual Challenges to CAT Orders

By Aneeta Mishra and Timothy Chan

Published April 15, 2026

Nasrallah separates the order directing removal from the protection decision that determines whether the government may remove a person to a particular country.

CAT protection after a criminal-removal finding

A Lebanese lawful permanent resident was found removable after receiving-stolen-property convictions. The immigration judge granted deferral of removal under the Convention Against Torture, but the Board of Immigration Appeals reversed that protection. The Eleventh Circuit concluded that the criminal-removal statute prevented it from reviewing the factual challenge to the CAT ruling.

A CAT order is not the final order of removal

The Supreme Court explained that a CAT order does not disturb the validity of the removal order. It determines only whether removal may occur to a specified country. Because the two determinations are distinct, the statutory bar on reviewing factual challenges to certain final removal orders does not extend to the CAT determination.

The governing standard remains demanding

A court of appeals reviews the agency’s CAT factual findings under the substantial-evidence standard. The findings are conclusive unless any reasonable adjudicator would be compelled to reach the contrary conclusion. Nasrallah opened the door to factual review; it did not authorize a court to reweigh the record from scratch.

Disposition

The Supreme Court reversed the Eleventh Circuit and remanded for consideration of Nasrallah’s factual challenges under the proper standard. The decision preserves review of CAT findings even when a criminal-removal provision limits factual review of the removal order itself.

Key takeaways

• A CAT protection order is analytically distinct from the final removal order.
• Criminal-removal limits do not eliminate factual review of the CAT ruling.
• Review applies the deferential substantial-evidence standard.
• The petition should identify separately the removal-order issues and the CAT factual issues.