Santos-Zacaria v. Garland

Summary

The Supreme Court held that the exhaustion requirement in 8 U.S.C. §1252(d)(1) is not jurisdictional and that a noncitizen is not required to seek discretionary Board of Immigration Appeals reconsideration to satisfy that requirement. Accordingly, the Court vacated the Fifth Circuit’s dismissal of the petition for review and remanded for further proceedings consistent with this interpretation.