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
The Department of Homeland Security sought to remove Pierre Riley, a Jamaican citizen, from the United States under expedited procedures and issued a final administrative review order (FARO) on January 26, 2021 directing his removal to Jamaica.
Three days after the FARO, Riley fled a petition for review in the Fourth Circuit.
Riley told an immigration officer that a powerful Jamaican drug kingpin had threatened his family and that he would likely be killed if returned to Jamaica.
The Supreme Court vacated the lower‑court judgment and remanded the case.
Background and question before the Court
The Department of Homeland Security issued a FARO on January 26, 2021 directing Riley’s removal to Jamaica.
Riley fled a petition for review in the Fourth Circuit three days after the FARO was issued.
Riley claimed that a powerful Jamaican drug kingpin threatened his family and that he would likely be killed if returned to Jamaica.
The Government argued that the legal question was whether a removal order is “administratively final” for detention purposes, rather than whether it constitutes the “final order of removal” for other purposes.
What each side argues
Government
The Government contended that the question in Guzman Chavez was whether the removal order was “administratively final” for detention, not whether it was the “final order of removal.”
According to Government, the Government raised practical concerns that removal orders should not become final before withholding‑only relief is decided, but said the Court must follow statutory text and precedent.
The Government also argued that a previously issued removal order cannot become final “until the conclusion of withholding‑only proceedings.”
What happened at oral argument
What the Court decided
The Court vacated the lower‑court judgment and remanded the case.
Justice Thomas, in a concurring opinion, explained that the “zipper clause” covers CAT claims because they arise from removal proceedings, and therefore federal courts lack jurisdiction to review CAT claims unless they are reviewing a final order of removal.
Justice Sotomayor, dissenting, stated that Riley has received a final order of removal but never sought judicial review of that order under § 1252.
Justice Sotomayor, dissenting, noted that an order is final for appeal when the district court disassociates itself from the case, leaving only execution of the judgment.
Justice Sotomayor, dissenting, emphasized the “well‑settled” presumption favoring judicial review, noting that executive determinations are generally subject to review when statutes are susceptible to divergent interpretation.
Justice Sotomayor, dissenting, pointed to § 1252(a)(4), which makes a petition for review the sole and exclusive means for judicial review of any claim under the Convention Against Torture (CAT).
Justice Sotomayor, dissenting, argued that the law should overrule the courts’ present assessment that such orders are best appealed separately.
Justice Sotomayor, dissenting, cited the foundational principle that rules of finality ensure the whole case is decided in a single appeal.
- [1] a86399d0a67eb1c01b0e-r1-5bf1012a4d4cf70a.pdf, p. 6
- [2] a86399d0a67eb1c01b0e-r1-5bf1012a4d4cf70a.pdf, p. 23
- [3] a86399d0a67eb1c01b0e-r1-5bf1012a4d4cf70a.pdf, p. 24
- [4] a86399d0a67eb1c01b0e-r1-5bf1012a4d4cf70a.pdf, p. 34
- [5] a86399d0a67eb1c01b0e-r1-5bf1012a4d4cf70a.pdf, p. 38
- [6] a86399d0a67eb1c01b0e-r1-5bf1012a4d4cf70a.pdf, p. 37
- [7] a86399d0a67eb1c01b0e-r1-5bf1012a4d4cf70a.pdf, p. 36
- [8] a86399d0a67eb1c01b0e-r1-5bf1012a4d4cf70a.pdf, p. 35
Why it matters
Terms to know
No glossary terms are available for this guide.
Primary sources
Read the source materials on the official site or open the immutable repository copy used for this guide.
- 9c8ff91202d489438ea6-r1-cb67e793faa4fda5.pdforal argument transcript
- a86399d0a67eb1c01b0e-r1-5bf1012a4d4cf70a.pdfopinion
Guide generated September 27, 2026. Automated validation accepted this version.