· 8/1/1985
Bertil Sagermark, Francisca Walters Mazariegos v. Immigration and Naturalization Service
Citations
- 767 F.2d 645
- 1985 U.S. App. LEXIS 21036
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding a claim that the BIA addressed on the merits to be exhausted for purposes of judicial review
- finding a claim that the BIA addressed on the merits to be exhausted for purposes of judicial review
- whether or not the issue was technically before the BIA, the BIA addressed it thoroughly enough
- exhaustion was satisfied because the BIA addressed the issues sufficiently to vindicate policy concerns underlying the exhaustion doctrine
- “Whether or not the decision on the merits was technically before the BIA, the BIA addressed it thoroughly enough to convince us that the relevant policy concerns underlying the exhaustion requirement . . . have been satisfied here.”
- court of appeals has jurisdiction to review issue not appealed by alien to BIA, where BIA addressed issue thoroughly enough to satisfy policy that alien must exhaust administrative remedies, so that administrative agency can correct its own errors before judicial intervention
Source: CourtListener parenthetical corpus (CC0).
Judges: Choy, Pregerson, Canby
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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