Official Photo of the U.S. Suprme Court
Britain Eakin for Law360 (Listen to article) reports that the U.S. Supreme Court yesterday revived appeals from four noncitizens fighting deportation, remanding the cases after Court decision earlier this month. In granting the four petitions for certiorari, the Court vacated the circuit court judgments and remanded for further proceedings for further consideration in light of its May 11 decision in Santos-Zacaria v. Garland, which held that 8 U.S.C. 1252(d)(1) is not jurisdictional, and does not limit the circuit courts’ authority to hear challenges to Board of Immigration Appeals decisions. For a recap of the Santos-Zacaria decision, click here.
In all four cases, the circuit courts had determined they lacked jurisdiction over all or part of the BIA appeals. The decision in Santos-Zacaria resolved a circuit split over whether the exhaustion requirement of the law is jurisdictional, holding that administrative exhaustion is not mandatory.
KJ
