Page:Santos-Zacaria v. Garland.pdf/11

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SANTOS-ZACARIA v. GARLAND

Opinion of the Court

First, the Government insists that §1252(d)(1) is jurisdictional because it is addressed to the “court” and limits “review.” But that language does not necessarily refer to the court’s jurisdiction. Claim-processing rules can also be addressed to courts. After all, one purpose of such rules is to “instruct the court on the limits of its discretion” in handling claims. Kontrick, 540 U. S., at 456. Provisions limiting “review” can be directions about the mode or manner of review that are likewise nonjurisdictional in nature. Examples abound, including elsewhere in the same title and section as §1252(d)(1). See, e.g., §1252(b)(2) (“The court of appeals shall review the proceeding on a typewritten record and on typewritten briefs”); §1535(a)(3) (“The Court of Appeals shall … review questions of law de novo”); 5 U. S. C. §706 (“[T]he court shall review the whole record or those parts of it cited by a party”).

Moreover, when taking other aspects of the statute into account, it becomes apparent that §1252(d)(1) is not using “court” and “review” in a jurisdictional manner. Section 1252(d)(1) is not even focused solely on the court. It also requires that “the alien has exhausted” certain remedies, §1252(d)(1) (emphasis added), so it “speak[s] to a party’s procedural obligations” as well, just like a nonjurisdictional claim-processing rule, Fort Bend County, 587 U. S., at ___ (slip op., at 9) (alteration and internal quotation marks omitted). In addition, as previously mentioned, Congress had expressly jurisdictional language close at hand. Supra, at 6–7. Its use of more ambiguous phrasing to impose a quintessential nonjurisdictional requirement is hardly the requisite clear statement that §1252(d)(1) is jurisdictional.

Second, the Government seeks to advance a theory that is based on a prior version of §1252(d)(1)’s exhaustion requirement. A statute that existed before §1252(d)(1) provided that an “order of deportation … shall not be reviewed by any court if the alien has not exhausted the administrative remedies available to him.” 8 U. S. C. §1105a(c) (1958