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No. 21-1436October Term 2022Decided May 11, 2023

Docket 21-1436October Term 2022 (2022–2023)

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
Case Accepted
Arguments HeardJan 17, 2023
Decision ReleasedMay 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