Legal Opinion
Lin Zhong v. United States Department of Justice, Attorney General Gonzales
Court of Appeals for the Second Circuit
Decided August 8, 2006No. 02-4882PublishedCited by 62 opinions
1Opinion of the Court
Judge KEARSE dissents in a separate opinion.
CALABRESI, Circuit Judge.
The principal issue in this case concerns whether the mandatory requirement of issue exhaustion in asylum cases is also jurisdictional. The Supreme Court, in Eberhart v. United States, 546 U.S. 12, -, 126 S.Ct. 403, 405, 163 L.Ed.2d 14 (2005) (per curiam), recently cautioned lower federal courts against conflating mandatory with jurisdictional prerequisites to review. We take the Court’s caveat to heart. Such a caveat does not, of course, affect the clearly jurisdictional requirement of 8 U.S.C. § 1252(d)(1) that eases of…
2Cases cited65 opinions
- Mathews v. EldridgeSupreme Court of the United States · 1976
- Coleman v. ThompsonSupreme Court of the United States · 1991
- Securities & Exchange Commission v. Chenery Corp.Supreme Court of the United States · 1947
- Securities & Exchange Commission v. Chenery Corp.Supreme Court of the United States · 1943
- Booth v. ChurnerSupreme Court of the United States · 2001
60 more not listed; retrieve them via the Exa API.
3Cited by62 opinions
- Xiao Ji Chen v. United States Department of Justice, Attorney General Alberto R. GonzalesCourt of Appeals for the Second Circuit · 2006
- Felix Norbert Siewe v. Alberto R. Gonzales, Attorney GeneralCourt of Appeals for the Second Circuit · 2007
- Elida Karaj, Avdyl Karaj, Abli Karaj, and Amir Karaj v. Alberto R. GonzalesCourt of Appeals for the Second Circuit · 2006
- Dong Gao, Ziang Zhen Gao v. Board of Immigration AppealsCourt of Appeals for the Second Circuit · 2007
- Kirk Washington Lewis v. Alberto R. Gonzales, Attorney GeneralCourt of Appeals for the Second Circuit · 2007
57 more not listed; retrieve them via the Exa API.