Discover this podcast and so much more

Podcasts are free to enjoy without a subscription. We also offer ebooks, audiobooks, and so much more for just $11.99/month.

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

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

FromSupreme Court Decision Syllabus (SCOTUS Podcast)


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

FromSupreme Court Decision Syllabus (SCOTUS Podcast)

ratings:
Length:
9 minutes
Released:
May 14, 2023
Format:
Podcast episode

Description

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
Released:
May 14, 2023
Format:
Podcast episode

Titles in the series (100)

Decisions of the Supreme Court, summarized by the court itself.Readings of the Supreme Court slip opinion syllabi, With no personal commentary, you can make up your own mind about the decisions. See Wheaton and Donaldson v. Peters and Grigg, 33 U.S. 591 (1834) and United States v. Detroit Timber & Lumber Co., 200 U.S. 321, 337. Photo by: Davi Kelly