NILA and Constitutional Accountability Center File Supreme Court Amicus Brief

NILA and the Constitutional Accountability Center (CAC) teamed up to file an amicus brief to the Supreme Court in Santos-Zacaria v. Garland. In that case, the Supreme Court will decide: (1) whether the exhaustion provision of the Immigration and Nationality Act is a claim processing rule, and subject to equitable exceptions, or a jurisdictional rule, and not subject to any exceptions; and (2) whether the courts of appeals can review a noncitizen’s claim that the agency engaged in impermissible factfinding or whether the noncitizen must first raise the claim with the agency by filing a motion to reconsider. NILA and CAC’s amicus brief addresses the first question. Our brief argued that the Court should find the exhaustion requirement is a claim processing rule based on application of existing Supreme Court case law, the provision’s text and legislative history, and the absence of any long tradition of treating the provision as jurisdictional. Read the brief here.