Is there any case law supporting the argument that I-A classification for failure to exhaust administrative remedies is invalid?
MultiRegion, United States of America
The following excerpt is from United States v. Kincaid, 476 F.2d 657 (9th Cir. 1973):
In Glover v. United States, 286 F.2d 84 (8th Cir. 1961) the court reversed a judgment of conviction, finding that no basis in fact existed for defendant's I-A classification and that his failure to exhaust administrative remedies should be excused because of "extremely exceptional and unusual circumstances." Id. at 91.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
When a statute or agency rule demands exhaustion of administrative remedies, does the federal court have jurisdiction to order the exhaustion of remedies? (MultiRegion, United States of America)
Is a motion to dismiss based on a prisoner's failure to exhaust administrative remedies properly the subject of a motion under Federal Rule of Civil Procedure 12(b)? (MultiRegion, United States of America)
Can a federal district court dismiss without prejudice for failure to exhaust administrative remedies? (MultiRegion, United States of America)
Does a failure to exhaust intraunion remedies bar a plaintiff from seeking an intraunion remedy? (MultiRegion, United States of America)
What is the test for a motion to dismiss a motion for failure to exhaust administrative remedies? (MultiRegion, United States of America)
Does a cancellation of an administrative grievance constitute a failure to properly exhaust the remedy? (MultiRegion, United States of America)
Is a failure to exhaust administrative remedies a bar to federal subject matter jurisdiction? (MultiRegion, United States of America)
Is a failure to exhaust available administrative remedies a bar to judicial review of an action? (MultiRegion, United States of America)
Can a plaintiff bring an action in an administrative proceeding against Arnold for failing to exhaust his administrative remedies? (MultiRegion, United States of America)
What is the test for a motion to dismiss some or all of your claims for failure to exhaust administrative remedies? (MultiRegion, United States of America)
