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United States strike out and summary judgment

Santos-Zacaria v Garland

598 U.S. 411 (2023)
JurisdictionUnited States
CourtUS Supreme Court
Year2023
StatusBinding authority

Summary

Exhaustion of administrative remedies under the Immigration and Nationality Act is a non-jurisdictional claim-processing rule, not a jurisdictional bar.

Key Principle

immigration; exhaustion of administrative remedies under INA not jurisdictional; claim-processing rule

Area of Law

immigration

Related Cases

Minister for Immigration v NZYQ [2023] HCA 37

Executive detention of non-citizens is only lawful where removal is reasonably practicable; indefinite detention where removal is not possible is constitutionally invalid, effectively overruling Al-Kateb.

Minister for Immigration v Vunilagi [2023] HCA 24

HCA considered s 80 Constitution guarantee of trial by jury and the Kable principle as they apply to territory courts and territory criminal proceedings.

Alexander v Minister for Home Affairs (Character Cancellation) [2022] HCA 19

Ministerial discretion to cancel a visa on character grounds must be exercised according to statutory criteria and is subject to judicial review for legal error.

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