Practice Advisory: Exhaustion of Administrative Remedies in Petitions for Review
NILA, May 16, 2023
"On May 11, 2023, the Supreme Court, in Santos-Zacaria v. Garland, 598 U. S. _, _ S. Ct. _, [2023 U.S. LEXIS 1891], 2023 WL 3356525 (2023), addressed 8 U.S.C. § 1252(d), the statutory exhaustion provision governing immigration petitions for review of removal orders. This advisory first explains what statutory exhaustion under § 1252(d) is and how it is distinct from issue exhaustion before the...