Roy v. Ashcroft

How courts have described this case

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

• concluding that this court lacked jurisdiction to review unexhausted claim of procedural error by the BIA
• holding that even due process claims must have been exhausted if the procedural errors were correctable by the BIA
• noting that, under 8 U.S.C. § 1158(a)(3), the court lacks jurisdiction to review the BIA’s time-bar determination for an asylum application
• stating that asylum applicant must properly exhaust claims before the BIA
• explaining “[j]udicial review of a final order of removal is available only where the applicant has exhausted all administrative remedies of right”
• “Claims of due process violations, except for procedural errors that are correctable by the BIA, are generally not subject to the exhaustion requirement.”

Source: CourtListener parenthetical corpus (CC0).