SCOTUS will hear an immigration case on January 17, 2023, Santos-Zacaria v. Garland. The case involves the issue of administrative exhaustion. SCOTUS will determine whether a transgender asylum seeker had to file a motion to reconsider a denial before seeking judicial review. The case came out of the 5th Circuit where the court dismissed Santos-Zacaria's appeal of the administrative decision of the Board of Immigration Appeals.

The issue before SCOTUS: Whether the court of appeals correctly determined that 8 U.S.C. 1252(d)(1) prevented the court from reviewing petitioner's claim that the BIA engaged in impermissible factfinding because petitioner had not exhausted that claim through a motion to reconsider.