Practice Advisory: Nasrallah v. Barr: Judicial Review over CAT Decisions

On June 1, 2020, the Supreme Court issued a positive decision in Nasrallah v. Barr, 590 U.S. __ (2020). The question in Nasrallah was whether the jurisdiction stripping language in 8 U.S.C. § 1252(a)(2)(C) barred judicial review over factual challenges to denials of protection under the Convention Against Torture (“CAT”). The Court ruled the statute does not bar such review. This practice advisory provides an overview of the Nasrallah decision and describes the key implications of its holding.