United States Second Circuit

Petition for review of order denying cancellation of removal is dismissed as petitioner failed to exhaust his administrative remedies, the exhaustion requirement is statutory and jurisdictional, and the jurisdictional defect cannot be excused on a ground of manifest injustice. (Amended opinion)

Appellate Information

• Decided 01/07/2008
• Published 01/07/2008

Judges

• DENNIS JACOBS, Chief Judge:, Before:  JACOBS, Chief Judge, B.D. PARKER and HALL, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Bozena Ziedalski, New York, NY, for Petitioner.


• For Appellees:
  
• M. JocelynLopez Wright, Assistant Director, Office of Immigration Litigation, Civil Division, United States Department of Justice (Peter D. Keisler, Assistant Attorney General and Carol Federighi, Senior Litigation Counsel, on the brief), Washington, D.C., for Respondents.