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SANTOS-ZACARIA v. GARLAND

No. 21-1436.

143 S.Ct. 1103 (2023)

598 U.S. 411

Leon SANTOS-ZACARIA aka Leon Santos-Sacarias, Petitioner, v. Merrick B. GARLAND, Attorney General.

Supreme Court of United States.

Decided May 11, 2023.

Attorney(s) appearing for the Case

Paul W. Hughes, Washington, DC, for petitioner.

Yaira Dubin, for United States.

Eugene R. Fidell, Yale Law School Supreme Court Clinic, Haven, CT, Charles A. Rothfeld, Andrew J. Pincus, Mayer Brown LLP, Washington, DC, Paul W. Hughes, Counsel of Record, Michael B. Kimberly, Andrew A. Lyons-Berg, Alex C. Boota, Charles Seidell, McDermott Will & Emery LLP, Washington, DC, Benjamin J. Osorio, Murray Osorio PLLC, Fairfax, VA, for petitioner.

Elizabeth B. Prelogar, Solicitor General, Counsel of Record, Brian M. Boynton, Principal Deputy Assistant, Attorney General, Curtis E. Gannon, Deputy Solicitor General, Colleen E. Roh Sinzdak, Assistant to the Solicitor General, John W. Blakeley, Andrew C. MacLachlan, Aimee J. Carmichael, Claire L. Workman, Attorneys, Department of Justice, Washington, DC, for Respondent.

Under 8 U.S.C. § 1252(d)(1), a noncitizen who seeks to challenge an order of removal in court must first exhaust certain administrative remedies. This case presents two questions regarding that statutory provision. For the reasons explained below, we hold that § 1252(d)(1) is not jurisdictional...

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