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Garcia-Carbajal v. Holder, No. 09-9558

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By FindLaw Staff on November 05, 2010 4:11 PM

Petition for Review of BIA Removal Order

In Garcia-Carbajal v. Holder, No. 09-9558, a petition for review of a BIA order of removal, the petition is dismissed where petitioner did not raise the ground for review to the BIA, and petitioner did not exhaust his administrative remedies as the BIA did not: 1) clearly identify a claim, issue, or argument not presented by the petitioner; 2) exercise its discretion to entertain that matter; and 3) explicitly decide that matter in a full explanatory opinion or substantive discussion.

As the court wrote:  "Alonso Garcia-Carbajal seeks to challenge a Board of Immigration Appeals ("BIA") order on grounds he never argued to the Board. Ordinarily, this a petitioner cannot do. Ordinarily, a petitioner must exhaust all administrative processes available to hear his arguments before he may seek to bring those arguments to court. But Mr. Garcia-Carbajal submits his case isn't an ordinary one."

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