Zine v. Mukasey

How courts have described this case

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

• holding that aliens entering under the VWP should be held to the VWP waiver’s terms
• concluding § 217.4(a)(1) subjects aliens, who present fraudulent documents to enter under the VWP, to the program’s restriction to asylum-only proceedings
• warning that judicial review of a claim for withholding of removal may be “precluded for failure to exhaust” if a petitioner does not specifically appeal the IJ’s denial of that claim to the BIA
• recognizing the “disagreement among our sister circuits on the [] question whether a claim or issue not presented to the BIA, but considered by the BIA sua sponte, is jurisdictionally barred for failure to exhaust administrative remedies”
• rejecting the argument that an alien who is ineligible to enter under the VWP should not be bound by its restrictions
• finding appellate jurisdiction where the BIA decided to reach the merits of the issue

Source: CourtListener parenthetical corpus (CC0).