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Tenth Circuit· 9/21/2007

Sidabutar v. Gonzales

Citations

  • 503 F.3d 1116
  • 2007 U.S. App. LEXIS 22618
  • 2007 WL 2743672

How courts have described this case

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

  • concluding that challenges to “the BIA’s allegedly de novo [fact]finding” were unexhausted because they “should have been brought before the BIA in the first instance through a motion to reconsider or reopen”
  • noting that the petitioner “should have brought [the unexhausted claims] before the BIA in the first instance through a motion to reconsider or reopen”
  • characterizing the failure to raise new issues before the BIA by way of a motion to reconsider or reopen as a failure to exhaust
  • “[W]e generally assert jurisdiction only over those arguments that a petitioner properly presents to the BIA.”
  • “[W]e generally assert jurisdiction only over those arguments that a petitioner properly presents to the BIA.”
  • “Of course, this [exception] should be construed narrowly to circumstances where the BIA issues a full explanatory opinion or a discernible substantive discussion on the merits over matters not presented by the alien.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Henry, Tymkovich, Holmes

Read full opinion on CourtListener

Cited by

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

Cites

25 cases in this archive are cited by this case; the 20 most cited are listed.

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.