This educational guide is based on the linked primary sources. It is not a Court publication, is not affiliated with the Court, and is not legal advice.
In brief
Overview
According to Petitioner, the case concerns whether relief under the Convention Against Torture (CAT) affects the enforceability of a removal order.
Petitioner argues that Congress defined the term “order of removal” as an order that finds an individual deportable or orders deportation, and that CAT relief does not disturb that order.
According to Respondent, respondent agrees that a grant of withholding or deferral leaves the final order of removal undisturbed.
According to Petitioner, petitioner also points to regulation 8 CFR 1240.12(d), which requires an immigration judge to identify one or more countries to which removal is to occur.
Background and question before the Court
Justice Alito asked about the Eleventh Circuit’s holding that the criminal alien bar applies in this case, given the ground for removal is 1227(a)(2)(A)(i).
Justice Kavanaugh also asked a question during the argument.
What each side argues
Petitioner
According to Petitioner, congress defined “order of removal” as an order that finds an individual deportable or orders deportation.
According to Petitioner, cAT relief (withholding, deferral) does not disturb the final order of removal.
According to Petitioner, regulation 8 CFR 1240.12(d) requires an immigration judge to identify one or more countries to which removal is to occur.
Respondent
According to Respondent, a grant of withholding or deferral leaves the final order of removal undisturbed.
What happened at oral argument
According to Chief Justice Roberts, chief Justice Roberts introduced the case, noting the docket number and parties.
What the Court decided
Why it matters
Terms to know
- order of removal
- An order that finds an individual deportable or orders deportation, as defined by Congress.
Primary sources
Read the source materials on the official site or open the immutable repository copy used for this guide.
- 143312f17d20686fa46b-r1-3b37827b5b2e60a8.pdforal argument transcript
Guide generated September 27, 2026. Automated validation accepted this version.