The Eleventh Circuit has held that it lacks jurisdiction to review a standalone CAT denial where the petition for review does not challenge the underlying final order of removal. The petitioner, a Jamaican citizen with aggravated felony convictions, sought review only of the BIA’s denial of CAT deferral and expressly did not challenge DHS’s final administrative removal order.
The Court held that CAT review is available only through review of a final order of removal. Because the petition did not challenge that order, the Court dismissed for lack of jurisdiction. The Court agreed with the Ninth Circuit’s approach and disagreed with the Third Circuit’s contrary view.
The Court also held that the petitioner’s subsequent briefing on due process violations in his removal order did not cure the fact that the challenge was not raised in his pro se petition for review.
The full text of Hayles v. U.S. Attorney General can be found here: https://media.ca11.uscourts.gov/opinions/pub/files/202410516.pdf