Santos-Zacaria v. Garland (Immigration / Exhaustion of Administrative Remedies)

In Santos-Zacaria v. Garland, the Supreme Court reviewed two questions. First, whether §1252(d)(1) is jurisdictional; and second, whether a non-citizen is required to request reconsideration of an adverse board action to fully exhaust administrative remedies under the law.

HELD: Santos-Zacaria is correct and the Fifth Circuit was incorrect to find that §1252(d)(1) is jurisdictional. The statute in question is not jurisdictional, as Congress did not clearly demonstrate that it intended to make the statute jurisdictional. Second, the law does not require non-citizens to request discretionary forms of review, such as asking a Board to reconsider its ruling, because the law only requires the exhaustion of remedies as "right," while discretionary actions involve the discretion of the administrative agencies. Vacated in part and remanded.

Read the entire opinion here.

Read by Jake A. Leahy. 

Support the show