The Eighth Circuit has dismissed a petition for review filed by a Guatemalan man challenging only the denial of deferral of removal under the Convention Against Torture, holding that it lacks jurisdiction to review a standalone CAT order and that, in any event, his petition was untimely by roughly five years measured from his final administrative removal order.
The Court held that a CAT order never merges into a final order of removal and so cannot independently support jurisdiction under 8 U.S.C. § 1252(a)(1), joining the Eleventh and Ninth Circuits. Splitting from the Fourth, Sixth, and Seventh Circuits, the Court also held that the thirty-day filing deadline in 8 U.S.C. § 1252(b)(1) is a mandatory claims-processing rule not subject to equitable tolling, reasoning that Congress's use of "must" and "not later than" and its goal of expediting removal for noncitizens convicted of aggravated felonies rebut the ordinary presumption favoring tolling.
The full text of B.P. v. Blanche can be found here: https://ecf.ca8.uscourts.gov/opndir/26/09/252778P.pdf