Does the court err in waiving the requirement that plaintiffs exhaust their administrative remedies before pursuing their claim in federal court?
MultiRegion, United States of America
The following excerpt is from Hernandez v. Sessions, 872 F.3d 976 (9th Cir. 2017):
Second, the district court did not err in waiving the requirement that plaintiffs exhaust their administrative remedies before pursuing their claims in federal court. The exhaustion requirement is prudential, rather than jurisdictional, for habeas claims. Singh , 638 F.3d at 1203 n.3 (citing Arango Marquez v. I.N.S. , 346 F.3d 892, 897 (9th Cir. 2003) ). We may require prudential exhaustion when:
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