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Keywords

tortjurisdictionfelony
tortjurisdictionfelony

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Shabo v. Sessions

Facts

Amir Francis Shabo immigrated to the United States from Iraq in 1985 and was convicted of an aggravated felony in 1992. Following his conviction, an immigration judge ordered his removal to Iraq, but he remained in the U.S. due to the Iraqi government not issuing travel papers at that time. With Iraq now issuing travel papers, Shabo sought to reopen his BIA proceedings to seek protection under the Convention Against Torture, claiming he would likely face torture as a Chaldean Christian in Iraq.

Amir Francis Shabo immigrated to the United States from Iraq in 1985 and was convicted of an aggravated felony in 1992.

Issue

Did the court have jurisdiction to review Shabo's petition to reopen his BIA proceedings, and did he establish a prima facie case for relief under the Convention Against Torture?

Did the court have jurisdiction to review Shabo's petition to reopen his BIA proceedings, and did he establish a prima facie case for relief under the Convention Against Torture?

Rule

Under 8 U.S.C. 1252(a)(2)(C), no court shall have jurisdiction to review any final order of removal against an alien who is removable due to a criminal offense. The court may only review constitutional claims or questions of law raised in a petition for review.

Under 8 U.S.C. 1252(a)(2)(C), no court shall have jurisdiction to review any final order of removal against an alien who is removable due to a criminal offense.

Analysis

The court determined that it lacked jurisdiction to review the factual question of whether Shabo established a prima facie case for relief under the Convention Against Torture due to his status as a removable alien. Even if the court could review the legal question regarding the changed-country-conditions exception, it found that the BIA's alternative holding that Shabo failed to establish a prima facie case of likely torture rendered the issue moot.

The court determined that it lacked jurisdiction to review the factual question of whether Shabo established a prima facie case for relief under the Convention Against Torture due to his status as a removable alien.

Conclusion

The court dismissed Shabo's petition as unreviewable due to a lack of jurisdiction over the factual determinations involved.

The court dismissed Shabo's petition as unreviewable due to a lack of jurisdiction over the factual determinations involved.

Who won?

The government prevailed in the case as the court dismissed Shabo's petition, citing a lack of jurisdiction to review the factual questions presented.

The government prevailed in the case as the court dismissed Shabo's petition, citing a lack of jurisdiction to review the factual questions presented.

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