United States Fifth Circuit

For purposes of exhausting administrative remedies prior to court review of a final order of removal, if the BIA has never been given the opportunity to consider an issue but has the mechanisms to remedy it, even where the 90-day period for presenting a motion to reopen has passed, a petitioner must first present the issue to the Board in the form of a motion to reopen for exceptional circumstances.

Appellate Information

• Decided 03/12/2008
• Published 03/13/2008

Judges

• CARL E. STEWART, Circuit Judge:, Before GARWOOD, JOLLY and STEWART, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Simon M. Azar-Farr, Simon Azar-Farr & Associates, San Antonio, TX, for Petitioner., Gary Layton Anderson, Mark Twain Roomberg, San Antonio, TX, Thomas Ward Hussey, Dir., U.S. Dept. of Justice, OIL, Washington, DC, Kenneth L. Pasquarell, Acting Dist. Dir., U.S. INS, San Antonio, TX, Trey Lund, U.S. Imm. & Customs Enforcement, Field Office Dir., Attn: Carl Perry, New Orleans, LA, for Mukasey.