Legal Opinion
Lin Zhong v. United States Department of Justice, Attorney General Gonzales
Court of Appeals for the Second Circuit
Decided January 17, 2007No. Docket 02-4882PublishedCited by 769 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 cases of this…
2Cases cited63 opinions
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- Booth v. ChurnerSupreme Court of the United States · 2001
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3Cited by769 opinions
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