· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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