· 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 CourtListenerSourced 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.