Leon Santos-Zacaria (who goes by the name of Estrella) was severely persecuted in his native country of Guatemala for her sexual orientation and for her transgender status. She sought refuge in the United States, first in 2008 and then later in 2018.
She is a noncitizen going through removal proceedings. She sought protection from removal, which an immigration Judge denied. She appealed the Judge’s decision to the Board of Immigration Appeals, which upheld the Judge’s decision. She filed a Petition for Review in the Fifth Circuit under 8 U.S.C. Section 1252, alleging that the Board engaged in impermissible fact finding.
The Fifth Circuit sua sponte raised the issue of Estrella‘s alleged failure to exhaust her administrative remedies before appealing to the circuit court, holding that such failure was a jurisdictional bar to the court hearing her appeal.
Specifically, the Fifth Circuit Court held that Estrella needed to first file a motion for reconsideration with the Board before appealing to the circuit court of appeals. jurisdiction.
The court reasoned that this was required by Section 1252(d)(1), which provided that “[a] court may review a final order of removal only if … the alien has exhausted all administrative remedies available to the alien as of right.”
Estrella appealed to the U.S. Supreme Court. The court rules that the exhaustion provision of Section 1252(d)(1) was not jurisdictional. Relying on strong precedent the Court noted that it will construe a statutory provision to be jurisdictional only if it contains a clear statement that if is jurisdictional. To rule otherwise would lead to a harsh result for litigants.
Estrella was not required to seek reconsideration of an administrative order before appealing in federal court because she was not entitled to a reconsideration as a matter of right. Although she could request reconsideration as a matter of right, whether or not the Board would grant the request was a matter of discretion.
The Supreme Court’s ruling in Estrella’s case is solid and logical. The holding was unanimous. It is notable for its language that is sensitive to Estrella’s preferred nomenclature and pronouns and her status as a transgender woman coming from a background of persecution in her home country, thus proving beyond a reasonable doubt that civility and respect is possible even with differing political points of view.
See 598 U.S. _______ 2023.
This material should not be construed as legal advice for any particular fact situation, but is intended for general informational purposes only. For advice specific to any individual situation, an experienced attorney should be contacted.