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· 3/19/2024

Franklin A. Green v. Denis McDonough

How courts have described this case

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

  • finding jurisdiction lacking where removal proceedings had begun because denials of status adjustment may be reviewed by immigration judges
  • finding exceptions to the exhaustion rule do not apply when a statute specifically mandates exhaustion as a prerequisite to judicial review
  • “[R]equiring [plaintiff] to renew her application for adjustment of status before an immigration judge at the deportation proceedings rather than allowing immediate review in district court will not cause irreparable injury . . . .”
  • “[T]he district court lacked jurisdiction to review the district director’s denial of Howell’s application for adjustment of status once deportation proceedings commenced.”
  • “under the doctrine of exhaustion of remedies, a party may not seek federal judicial review of an adverse administrative determination until the party has first sought all possible relief within the agency itself’.
  • “The … Seventh Circuit recognize[s] that requiring an alien to utilize available administrative remedies will allow a full record to develop concerning the alien’s application for adjustment of status.”

Source: CourtListener parenthetical corpus (CC0).

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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.