On May 5, 2022, the Third Circuit issued a decision in an immigration case, Ibrahim v. Att'y Gen., 2022 WL 1449178 (3d Cir. May 5, 2022) (not precedential). The decision shows the importance of clearly laying out one's grounds for an appeal to the Board of Immigration Appeals. Here, this particular panel of the Third Circuit cited the following:
“We do not, however, apply this [exhaustion] principle in a draconian fashion.” Lin v. Att’y Gen., 543 F.3d 114, 121 (3d Cir. 2008). “As this Court has recognized, ‘so long as an immigration petitioner makes some effort, however insufficient, to place the Board on notice of a straightforward issue being raised on appeal, a petitioner is deemed to have exhausted [his] administrative remedies.’” Joseph v. Att’y Gen., 465 F.3d 123, 126 (3d Cir. 2006) (quoting Yan Lan Wu v. Ashcroft, 393 F.3d 418, 422 (3d Cir. 2005)).
However, the Court seemingly failed to apply that liberal take on the exhaustion principle since the Respondent did indeed notify the Board that Third Circuit law should apply to his case and not the Fifth Circuit case that the immigration judge in his case had applied. The Third Circuit states that because "nowhere did he [Ibrahim] criticize, or even comment upon, the IJ’s inclusion of an addendum of law based on Fifth Circuit precedent," his case has a fatal deficiency. Thus no jurisdiction and Ibrahim's petition for review was dismissed.