Khosrow Gharib Rashtabadi v. Immigration & Naturalization Service

How courts have described this case

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

• holding that due process claims involving procedural errors which the BIA can correct must be raised before the BIA
• holding that the exhaustion requirement will not apply where, as here, there is a constitu- tional challenge to the Immigration and Naturalization Act or procedures of the Immigration and Naturalization Service
• holding that it lacked jurisdiction to review the petitioner’s claims because they were allegations of procedural errors that could have been corrected by, but were not presented to, the BIA
• explaining that evidence of rehabilitation includes attending GED and vocational educational classes as well as the absence of subsequent criminal conduct
• stating that although the alien could not raise an issue for the first time on appeal from the BIA, the alien was free to move the BIA to reopen
• “The failure to consider an important factor or to make a record of considering it constitutes an abuse of discretion.”

Source: CourtListener parenthetical corpus (CC0).