Jaime Navarro Cerritos v. Todd Blanche
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
Reversed in Part
The Fourth Circuit granted Jaime Daniel Navarro Cerritos’s petition for review, held that it had jurisdiction, equitably tolled the 30-day filing deadline in 8 U.S.C. § 1252(b)(1), and reversed, vacated, and remanded the BIA’s denial of withholding-of-removal and CAT protection. On the merits, the court found errors in the agency’s nexus, PSG, and CAT analyses, concluding that the record compelled a different result.
Circuit Split Identified
Legal Issue
Whether, after Riley v. Bondi (2025), a court of appeals has jurisdiction to review a withholding-only BIA decision when the petition for review does not expressly challenge the underlying final order of removal.
Circuit Positions
Implicit or fairly inferred challenge is sufficient; courts have jurisdiction over withholding-only petitions that do not expressly contest removability.
Petitioner must explicitly challenge the final order of removal; otherwise the court lacks jurisdiction.
Conflict Summary
Some circuits allow jurisdiction if the petition implicitly challenges the final removal order or if such a challenge can be fairly inferred; others require the petitioner to state an explicit challenge to the final order of removal to confer jurisdiction.