All justices agreed that Section 1252(d)(1) of the Immigration and Nationality Act does not require undocumented immigrants fighting removal orders in such cases to file motions for reconsideration with the board before turning to federal appeals courts.
The ruling vacated in part and remanded a Fifth Circuit decision rebuffing a bid by Guatemalan national Estrella Santos-Zacaria — who is identified in court documents as a transgender woman and whose legal first name is Leon — for a waiver of removal after she claimed the board inappropriately participated in its own fact-finding in reviewing her case when it should have only relied on an immigration judge’s fact-finding process.”