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· 4/30/2015

Israel Santiago-Lugo v. Warden

Citations

  • 785 F.3d 467
  • 2015 U.S. App. LEXIS 7158
  • 2015 WL 1936707

How courts have described this case

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

  • holding that a failure to exhaust in a § 2241 proceeding is not jurisdictional, but is still judicially required
  • holding that courts reviewing §2241 petitions may not “disregard a failure to exhaust and grant relief on the merits if the respondent properly asserts the defense”
  • holding that courts reviewing §2241 petitions may not “disregard a failure to exhaust and grant relief on the merits if the respondent properly asserts the defense”
  • stating that “[t]he exhaustion requirement is still a requirement; it’s just not a jurisdictional one
  • noting that exhaustion is not jurisdictional and that courts can deny relief on the merits without considering exhaustion
  • stating that “[t]he exhaustion requirement is still a requirement; it’s just not a jurisdictional one

Source: CourtListener parenthetical corpus (CC0).

Judges: Carnes, Higginbotham

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.