Garcia-Carbajal v. Holder

GORSUCH, Circuit Judge.

Alonso Garcia-Carbajal seeks to challenge a Board of Immigration Appeals (“JPIA”) order on grounds he never argued to the Board. Ordinarily, this a petitioner cannot do. Ordinarily, a petitioner must exhaust all administrative processes available to hear his arguments before he may seek to bring those arguments to court. But Mr. Garcia-Carbajal submits his case isn’t an ordinary one. Under Sidabutar v. Gonzales, 503 F.3d 1116 (10th Cir.2007), he says, when the BIA sua sponte considers arguments not advanced by the petitioner, the Board effectively exhausts the available…