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· 2/10/2004

Baltazar Hernandez Barron Margarita Hernandez Ramirez v. John Ashcroft, Attorney General

Citations

  • 358 F.3d 674
  • 2004 U.S. App. LEXIS 2076
  • 2004 WL 235480

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that exhaustion of administrative remedies under 8 U.S.C. § 1252(d)(1) is a jurisdictional requirement, and failure to exhaust deprives the court of subject-matter jurisdiction
  • holding that exhaustion of administrative remedies under 8 U.S.C. § 1252(d)(1) is a jurisdictional requirement, and failure to exhaust deprives the court of subject-matter jurisdiction
  • holding that an appellate court lacks jurisdiction to review issues not raised to the BIA
  • holding that, in appeals from the BIA, this court lacks subject-matter jurisdiction over “a legal claim not presented in administrative proceedings below”
  • holding that the plain text of 8 U.S.C. § 1252(d)(1) “specifically mandates that the exhaustion of administrative remedies is a prerequisite to our jurisdiction”
  • holding that a petitioner must raise an issue before the proper administrative forum if they wish to preserve the issue for appeal

Source: CourtListener parenthetical corpus (CC0).

Judges: Hall, O'Scannlain, Brown

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.