If a habeas petition contains both exhausted and unexhausted claims, should the court dismiss it without prejudice?

MultiRegion, United States of America

The following excerpt is from Christian v. Cambra, 995 F.2d 230 (9th Cir. 1993):

If a habeas petition contains both exhausted and unexhausted claims, the district court should dismiss it without prejudice, giving the petitioner the choice of resubmitting the petition to present only exhausted claims or of returning to state court to exhaust all claims. Rose v. Lundy, 455 U.S. 509, 510 (1982).

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