Eighth Circuit Dismisses CAT-Only Deportation Appeal
B.P. helped the DEA convict cartel members inside the United States. He served time, cooperated fully, and then fought for years to avoid being sent back to Guatemala, where he said the cartel would kill him. On September 2, 2026, the Eighth Circuit ended his federal appeal — not because his fear was wrong, but because of a deadline he missed nearly five years ago.
What if you filed your appeal in time — but the clock actually started years earlier, and you never knew? That is exactly what happened to B.P., a Guatemalan man who worked as a DEA confidential informant and still lost his chance to fight deportation in federal court. On September 2, 2026, the U.S. Court of Appeals for the Eighth Circuit dismissed his petition, ruling it had no power to hear his case at all.
What the court decided — and why it matters for removal proceedings
B.P. entered the U.S. without authorization in 2001. In 2016, he says a cartel member forced him to sell cocaine. He was arrested in 2018, then agreed to work as a DEA informant, helping convict cartel members inside the U.S. He later pleaded guilty to conspiracy to distribute a controlled substance and received a reduced sentence. In November 2020, the Department of Homeland Security issued a Final Administrative Removal Order (FARO) — a deportation order that DHS can issue directly against people convicted of aggravated felonies, without a hearing before an immigration judge. B.P. did not challenge that order within 30 days. He later applied for protection under the Convention Against Torture (CAT) — a treaty that can block deportation to a country where someone faces a serious risk of torture — but the immigration judge denied it twice, and the Board of Immigration Appeals agreed.
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B.P. then asked the Eighth Circuit to review only the CAT denial. Writing for a three-judge panel, Circuit Judge Benton explained that a CAT order is legally separate from a removal order. Courts can review CAT claims only when they are reviewing a final removal order at the same time. Because B.P. challenged only the CAT ruling — not the underlying removal order — the court had no jurisdiction. And even if the court treated his petition as a challenge to the removal order, that order became final the moment DHS issued the FARO in November 2020. The 30-day deadline to appeal it to federal court expired almost five years before B.P. filed his petition. The government raised the timeliness issue six days after the petition was docketed, and the court was required to enforce it.
What to do
- If DHS issues you a Final Administrative Removal Order (FARO), you have 30 days to petition a federal appeals court. That clock starts the day the FARO is issued — not the day of any later BIA ruling. Missing it can permanently close the door to federal review.
- If you are in withholding-only or CAT-only proceedings, lawyers recommend pairing any federal appeal with a challenge to the underlying removal order whenever possible — filing only a CAT appeal may leave the court without jurisdiction to help you.
- If you cooperated with law enforcement (DEA, FBI, or other agencies), ask an immigration attorney whether a U or S visa, or a prosecutorial discretion request, may apply to your case. These are separate from CAT and have different procedures.
- Contact an immigration attorney before any deadline passes. The Eighth Circuit's ruling shows that procedural errors — not just the merits of your case — can end an appeal before it begins.
A full breakdown of this topic — in our guide “Appealing to the BIA”.
Fishkin Law Firm, New York
This ruling is a sharp reminder that the 30-day deadline under 8 U.S.C. § 1252(b)(1) runs from the FARO, not from any later BIA decision — and the government only needs to raise it once to force dismissal. If you are in streamlined removal proceedings as an aggravated felon, you have no IJ or BIA review of the removal order itself, so that 30-day window is your only shot at federal court. Anyone in this situation should consult an immigration attorney immediately after receiving a FARO, even if CAT or withholding proceedings are still ongoing.
Frequently Asked Questions
What is a CAT claim and how is it different from asylum?
A CAT claim (Convention Against Torture) asks the government not to deport you to a country where you face a serious risk of being tortured. Unlike asylum, CAT does not give you a path to a green card or permanent status — it only blocks removal to a specific country. People convicted of aggravated felonies cannot get asylum or standard withholding of removal, but they can still apply for CAT deferral.
What is a Final Administrative Removal Order (FARO) and when does the appeal clock start?
A FARO is a deportation order that DHS issues directly — without a hearing before an immigration judge — against people convicted of aggravated felonies. The 30-day deadline to appeal a FARO to a federal appeals court starts the moment DHS issues it, not when any later immigration court or BIA proceeding ends. In B.P.'s case, the Eighth Circuit found his FARO became final in November 2020.
Can I appeal a CAT denial to a federal court on its own?
No — not by itself. The Eighth Circuit ruled in September 2026 that federal courts can only review a CAT ruling when it is part of a petition that also challenges a final removal order. If you file a petition that covers only the CAT denial, the court has no jurisdiction to hear it.
Does cooperating with the DEA or other law enforcement protect me from deportation?
Not automatically. Cooperation may support a request for an S visa (for informants) or a U visa (for crime victims), and prosecutors sometimes file letters asking immigration authorities to use discretion. But cooperation alone does not cancel a removal order or guarantee any immigration benefit. An immigration attorney can review whether any of these options apply to your specific situation.