context: We conclude that those arguments are not reviewable as they attempt to raise issues of fact. Specifically, to determine the likelihood of governmental acquiescence to torture (Mr. Ruiz's second argument), and whether the evidence as a whole shows Mr. Ruiz's eligibility for CAT relief (his third argument), we would have to weigh the evidence in this case. The criminal-alien bar prevents that.
citation_a.signal: but see
citation_a.identifier: 624 F.3d 1137, 1141-42
citation_a.parenthetical: stating that the criminal-alien bar "does not deprive [a court] of jurisdiction over denials of deferral of removal under the CAT," and that "jurisdiction extends to both issues of law and issues of fact"
citation_a.sentence: See Siwe v. Holder, 742 F.3d 603, 613 (5th Cir.2014) (holding that the court lacked jurisdiction to review whether alien “established that he will more likely than not be tortured if ... removed”); Gallimore, 715 F.3d at 690 (observing that factual disputes and determinations regarding CAT claims “are foreclosed by the criminal alien bar”); Green v. Att’y Gen., 694 F.3d 503, 507-08 (3d Cir.2012) (concluding that factual determinations regarding government acquiescence and eligibility for CAT relief are subject to the criminal-alien bar); Saintha v. Mukasey, 516 F.3d 243, 249-50 (4th Cir.2008) (stating that the “likelihood that the [criminal alien] would suffer torture at the government’s consent or acquiescence” presents a factual question beyond review); Boakai v. Gonzales, 447 F.3d 1, 5 (1st Cir.2006) (concluding that the court lacked jurisdiction to consider criminal alien’s “argument that the BIA was wrong in rejecting the CAT claim”); Hamid v. Gonzales, 417 F.3d 642, 647 (7th Cir.2005) (holding that the criminal-alien bar applied to alien’s CAT claim that the IJ failed to “correctly consider[ ], interpret ], and weigh[] the evidence”); but see Edu v. Holder, 624 F.3d 1137, 1141-42 (9th Cir.2010) (stating that the criminal-alien bar “does not deprive [a court] of jurisdiction over denials of deferral of removal under the CAT,” and that “jurisdiction extends to both issues of law and issues of fact”).
citation_b.signal: see
citation_b.identifier: 715 F.3d 690, 690
citation_b.parenthetical: observing that factual disputes and determinations regarding CAT claims "are foreclosed by the criminal alien bar"
citation_b.sentence: See Siwe v. Holder, 742 F.3d 603, 613 (5th Cir.2014) (holding that the court lacked jurisdiction to review whether alien “established that he will more likely than not be tortured if ... removed”); Gallimore, 715 F.3d at 690 (observing that factual disputes and determinations regarding CAT claims “are foreclosed by the criminal alien bar”); Green v. Att’y Gen., 694 F.3d 503, 507-08 (3d Cir.2012) (concluding that factual determinations regarding government acquiescence and eligibility for CAT relief are subject to the criminal-alien bar); Saintha v. Mukasey, 516 F.3d 243, 249-50 (4th Cir.2008) (stating that the “likelihood that the [criminal alien] would suffer torture at the government’s consent or acquiescence” presents a factual question beyond review); Boakai v. Gonzales, 447 F.3d 1, 5 (1st Cir.2006) (concluding that the court lacked jurisdiction to consider criminal alien’s “argument that the BIA was wrong in rejecting the CAT claim”); Hamid v. Gonzales, 417 F.3d 642, 647 (7th Cir.2005) (holding that the criminal-alien bar applied to alien’s CAT claim that the IJ failed to “correctly consider[ ], interpret ], and weigh[] the evidence”); but see Edu v. Holder, 624 F.3d 1137, 1141-42 (9th Cir.2010) (stating that the criminal-alien bar “does not deprive [a court] of jurisdiction over denials of deferral of removal under the CAT,” and that “jurisdiction extends to both issues of law and issues of fact”).