On August 27, 2025, NILA and the Florence Immigrant and Refugee Rights Project prevailed in an appeal before the Ninth Circuit Court of Appeals in a case involving a Cuban man who was deported to Mexico after winning withholding of removal from Cuba. The issue on appeal was whether the district court erred by finding that it lacked jurisdiction over the man’s claim that his deportation without notice and an opportunity to present his claim that he feared deportation to Mexico constituted unlawful tortious conduct under the Federal Tort Claims Act. On appeal, the majority found that the district court erred and that neither 8 U.S.C. 1252(g) nor 8 U.S.C. 1252(a)(5) and (b)(9) barred jurisdiction over his tort claims. The majority stated: “The government’s reading of § 1252(g) would entirely insulate from judicial review any post-hearing decision by ICE to remove noncitizens to third countries where they would be in danger of persecution, torture, and even death.” Judge Nelson dissented. The decision is available HERE.
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