No. 21-1436October Term 2022Decided May 11, 2023
Santos-Zacaria v. Garland
This case considers whether a federal immigration law prevents a court of appeals from reviewing an immigrant's claim if they did not first file a discretionary motion to reconsider with the Board of Immigration Appeals.
Case status
- Current stage
- Decided
- Latest event
- Decision released May 11, 2023
- What it's about
This case considers whether a federal immigration law prevents a court of appeals from reviewing an immigrant's claim if they did not first file a discretionary motion to reconsider with the Board of Immigration Appeals. The Supreme Court ruled that the exhaustion requirement is not jurisdictional and does not mandate seeking discretionary review before appealing to federal court.
Question presented
Whether a federal immigration law prevents a court of appeals from reviewing an immigrant's claim if they did not first file a discretionary motion to reconsider with the Board of Immigration Appeals.
- Case path
United States Court of Appeals for the Fifth Circuit / Decision released May 11, 2023
- Area
Immigration
Timing
Decided May 11, 2023
The Court released its decision 114 days after oral argument on January 17, 2023. The median for cases argued in January is 127 days.
Documents
Related cases
Grounding
- Grounding
- Primary-source trail available.
- Note
- Plain-English explainer. Official filings and opinions remain authoritative.
- Checked
- Mar 31, 2026
- Method
- Methodology