Jurisdiction Commons^™

Exhaustion Of Administrative Remedies In Immigration Cases: Finding Jurisdiction To Review Unexhausted Claims The Board Of Immigration Appeals Considers Sua Sponte On The Merits, Larry R. Fleurantin

Larry R. Fleurantin

In order for an appellate court to review an agency action, the action must be final and all administrative remedies must be exhausted. With regard to the exhaustion requirement, the author examines how the majority of circuits have held that federal circuit courts have jurisdiction to review immigration claims considered sua sponte by the Board of Immigration Appeals. However, the Eleventh Circuit seems to be the one outlier finding no jurisdiction, and the author believes the holding in Amaya-Artunduaga v. United States Attorney General to be incorrect and recommends it be overruled