· 7/16/2004
United States v. Richard Copeland, Also Known as Jamal Owen
Citations
- 376 F.3d 61
- 2004 U.S. App. LEXIS 14658
- 2004 WL 1588088
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that no futility 3 exception exists, with one exception not relevant here, for the requirement of administrative exhaustion under 8 U.S.C. § 1326(d)
- holding that failure to inform alien of eligibility for a waiver of deportation may be “fundamen- tally unfair within the meaning of Section 1326(d
- holding that an immigration judge’s “failure to advise a potential deportee of a right to seek Section 212(c) relief can, if prejudicial, be fundamentally unfair within the meaning of Section 1326(c)(3)”
- holding 4 that no futility exception exists, with one exception not relevant here, for the requirement of administrative exhaustion under 8 U.S.C. § 1326(d)
- noting that Fourth, Fifth, Sixth, Eighth, Tenth, and Eleventh Circuits have held that there is no fundamental procedural error, while the Ninth Circuit has held that there can be
- noting exception to exhaustion requirements where \the relevant administrative procedure lacks authority to provide any relief or to take action whatsoever in response to a complaint\
Source: CourtListener parenthetical corpus (CC0).
Judges: Winter, Calabresi, Katzmann
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.