Fifth Circuit· 10/20/2004

Roy v. Ashcroft

Citations

389 F.3d 132
2004 U.S. App. LEXIS 21798
2004 WL 2352110

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).

Judges: Demoss, Dennis, Clement

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Cited by

52 cases in this archive cite this case; the 20 most cited are listed.

Cites

14 cases in this archive are cited by this case.

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