Winston Lloyd Hayles v. U.S. Attorney General
Split Score
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This score (0-100) indicates how likely this case is to be reviewed by the Supreme Court based on:
Case Summary
Disposition
Dismissed
The Eleventh Circuit dismissed Winston Lloyd Hayles’s petition for review, holding that it lacks jurisdiction to consider a challenge to the denial of Convention Against Torture (CAT) relief when the petition does not simultaneously challenge a final order of removal. Aligning itself with a recent Ninth Circuit decision and rejecting the contrary view of the Third Circuit, the court concluded that CAT claims may be reviewed only as part of a petition challenging a final removal order.
Circuit Split Identified
Legal Issue
Whether a court of appeals has jurisdiction to review a petition challenging only the denial of CAT relief when the petitioner does not also seek review of the underlying final order of removal.
Circuit Positions
No jurisdiction over CAT-only petitions; review is available only when the petition also challenges a final order of removal.
Jurisdiction exists to review CAT determinations even when the petitioner does not seek review of the final removal order.
Conflict Summary
The Ninth and Eleventh Circuits hold that 8 U.S.C. § 1252 permits judicial review of CAT determinations only when the petitioner concurrently seeks review of a final removal order; the Third Circuit allows review of CAT-only petitions, finding § 1252(a)(4) independently grants jurisdiction.