Alito, J., concurring in judgement
SUPREME COURT OF THE UNITED STATES
No. 21–1436
LEON SANTOS-ZACARIA AKA LEON SANTOS-SACARIAS, PETITIONER v. MERRICK B. GARLAND, ATTORNEY GENERAL
ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT
[May 11, 2023]
Justice Alito, with whom Justice Thomas joins, concurring in judgment.
I agree with the Court that 8 U. S. C. §1252(d)(1) does not require the filing of a motion for reconsideration under the circumstances presented here. That provision requires the exhaustion of those administrative remedies that are “available to [an] alien as of right,” but the decision to grant reconsideration is discretionary. 8 CFR §1003.2(a) (2022). Because that determination disposes of this case, I would not decide whether §1252(d)(1) is jurisdictional with respect to the administrative remedies to which it does apply.
