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· 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 CourtListener

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.