Byline: WISCONSIN LAW JOURNAL STAFF
U.S. Court of Appeals for the 7th Circuit
Immigration - admissibility -- terrorist designation
Where an alien seeking admission failed to exhaust his administrative remedies to challenge his designation as a terrorist, his petition for review must be denied.
"The exhaustion requirement is not just an empty formality; it exists in part to prevent error by appellate courts. We've identified the more nuanced knowledge question here in order to flag it for future cases, but we might have missed something. In any event, the issue should be addressed by the BIA in the first instance. Had Khan made this argument to the Board, it could have 'appl(ied] its specialized knowledge and experience to the matter.' Id. (internal quotation marks omitted). On the present record, labeling Khan a terrorist...