2min chapter

Strict Scrutiny cover image

Cosplaying an Investigation

Strict Scrutiny

CHAPTER

Immigration Law - Is the Waiver for This Mandatory?

I thought the court actually was likely to find the exhaustion requirement jurisdictional, although whether that means this motion to reconsider was required. There were all kinds of peculiarities of immigration law that the justices should be aware of regarding motions to reconsider. Sometimes you can only file one either with the immigration judge or with the Board of Immigration Appeals. So requiring everybody to file one with the BIA when some people are completely disabled from doing so if they've already filed with the immigrationJudge would be a problem.

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