The exhaustion doctrine does not require administrative remedies when the issue is purely one of statutory interpretation and does not require agency expertise or discretion.
A registrant was indicted for failing to report for induction after the Selective Service System reclassified him from an exempt status to an available status following his mother's death. The government argued that the registrant's failure to appeal this reclassification barred him from raising the invalidity of his classification as a defense in a criminal prosecution. The Court holds that the exhaustion doctrine does not require a registrant to exhaust all administrative appellate remedies when the administrative process is at an end and the issue is a question of statutory interpretation rather than one requiring agency expertise or discretion.
At page 193 Establishing the doctrine of exhaustion of administrative remedies262 citing cases“an understanding of its purposes and of the particular administrative scheme involved.”
- Kathury Kamylla De Olivera Souza v. U.S. Gen. Attorney, Et Al., No. 1:26-cv-04494 (E.D. Cal. Sept. 3, 2026).(It is appropriate to take judicial notice of this information, as it was made publicly available by government entities ... and neither party disputes the authenticity of the web 27 sites or the accuracy of the informa…)
- Halsey v. Fedcap Rehab. Servs., Inc., 95 F.4th 1 (1st Cir. 2024).published ([A]llowing some parties to obtain court review without first exhausting administrative remedies may reduce the agency's effectiveness by encouraging others to circumvent its procedures and by rendering the agency's enf…)
- Staake v. Jablonski, No. 2:19-cv-01193 (D.N.M. Feb. 2, 2024).(The doctrine of exhaustion of administrative remedies ... is, like most judicial doctrines, subject to numerous exceptions)
- Antonio v. United States, No. 1:23-cv-00079 (S.D.N.Y. Mar. 6, 2023).([P]rior to judicial review, the [plaintiff] must exhaust h[is] administrative remedies.)
- John Doe v. United States Attorney's Off., No. 1:22-cv-09358 (S.D.N.Y. Feb. 3, 2023).([P]rior to judicial review, the [plaintiff] must exhaust h[is] administrative remedies.)
- Vertical Bridge Dev., LLC v. Calexico City Council, No. 3:21-cv-02097 (S.D. Cal. Aug. 3, 2022).(no one is entitled to judicial relief for 18 a supposed or threatened injury until the prescribed administrative remedy had 19 been exhausted.)
- Muzumala v. Mayorkas, No. 1:22-cv-03789, 2022 WL 2916610 (S.D.N.Y. July 22, 2022).(Prior to judicial review, the [plaintiff] must exhaust administrative remedies.)
- Donnelly v. CARRP, 37 F.4th 44 (2d Cir. 2022).published([S]ince agency decisions are frequently of a discretionary nature or frequently require expertise, the agency should be given the first chance to exercise that discretion or to apply that expertise.)
- Jasper v. Gallegos, No. 2:18-cv-00935 (D.N.M. May 27, 2022).(The doctrine of exhaustion of administrative remedies ... is, like most judicial doctrines, subject to numerous exceptions)
- Frost v. United States Dep't of Homeland Sec., No. 1:22-cv-02858 (S.D.N.Y. May 2, 2022).([P]rior to judicial review, the [plaintiff] must exhaust h[is] administrative remedies.)
Show 192 more citing cases
- Frost v. Civil Div., U.S. Dep't of Just., No. 1:22-cv-02201 (S.D.N.Y. Apr. 29, 2022).([P]rior to judicial review, the [plaintiff] must exhaust h[is] administrative remedies.)
- Torres v. U.S. Dep't of Just., No. 1:21-cv-08427 (S.D.N.Y. Feb. 1, 2022).([P]rior to judicial review, the [plaintiff] must exhaust h[is] administrative remedies.)
- Jasper v. Gallegos, No. 2:18-cv-00935 (D.N.M. Oct. 27, 2021).(The doctrine of exhaustion of administrative remedies ... is, like most judicial doctrines, subject to numerous exceptions)
- Torres v. U.S. Dep't of Just., No. 1:21-cv-08427 (S.D.N.Y. Oct. 25, 2021).([P]rior to judicial review, the [plaintiff] must exhaust h[is] administrative remedies.)
- Harmonia Holdings Grp., LLC v. United States, No. 19-1421 (Fed. Cl. Apr. 26, 2020).published See, e.g., McKart v. United States, 395 U.S. at 197 (“We cannot agree that application of the exhaustion doctrine would be proper in the circumstances of the present case.”). “‘[A]dministrative remedies need not be pursued if the litigant'…
- Rozenblat v. Sandia Corp., No. 2005-1556, 2006 WL 678923 (Fed. Cir. Mar. 17, 2006).unpublished(The doctrine [of exhaustion of administrative remedies] provides 'that no one is entitled to judicial relief for a supposed or threatened injury until the prescribed administrative remedy has been exhausted')
- Holliday v. Principi, 14 Vet. App. 280 (Vet. App. 2001).published (The agency, like a trial court, is created for the purpose of applying a statute in the first instance.)
- Calhoun v. USDA Farm Serv. Agency, 920 F. Supp. 696 (N.D. Miss. 1996).published See, e.g., McKart v. United States, 395 U.S. 185, 199 , 89 S.Ct. 1657, 1665 , 23 L.Ed.2d 194, 206 (1969) (“Since judicial review would not be significantly aided by an additional administrative decision of this sort, we cannot see any comp…
- Rice v. U S Dept ATF, No. 94-1547 (3d Cir. Oct. 18, 1995). See McCarthy, 503 U.S. at 145 ("Exhaustion concerns apply with particular force when the action under review involves exercise of the agency's discretionary power or when the agency proceedings in question allow the agency to apply its spe…
- Philip v. Rice v. United States of Am., Dep't of Alcohol, Tobacco & Firearms, 68 F.3d 702 (3d Cir. 1995).published(it is normally desirable to let the agency develop the necessary factual background upon which decisions should be based)
- Stand. Alaska Prod. Co. v. State, Dep't of Revenue, 773 P.2d 201 (Alaska 1989).published (of course it is generally more efficient for the administrative process to go forward without interruption than it is to permit the parties to seek aid from the courts at various intermediate stages)
- Dept. of Prof'l Reg. State, Bd. of Med. v. Marrero, 536 So. 2d 1094 (Fla. 1st DCA 1988).published (The courts ordinarily should not interfere with an agency until it has completed its action, or else has clearly exceeded its jurisdiction.)
- James Biear v. Attorney Gen. United State, 905 F.3d 151 (3d Cir. 2018).published “the doctrine of exhaustion of administrative remedies is well established in the jurisprudence of administrative law .... the doctrine provides 'that no one is entitled to judicial relief for a supposed or threatened in…”
- Florida Home Med. Supply, Inc. v. United States, 131 Fed. Cl. 170 (Fed. Cl. 2017).published “the doctrine of exhaustion of administrative remedies ... is, like most judicial doctrines, subject to numerous exceptions”
- Ross v. Blake, 578 U.S. 632 (2016).published “the doctrine of exhaustion of administrative remedies ... is, like most judicial doctrines, subject to numerous exceptions”
- Begay v. Pub. Serv. Co. of NM, 710 F. Supp. 2d 1161 (D.N.M. 2010).published “the doctrine of exhaustion of remedies provides 'that no one is entitled to judicial relief for a supposed or threatened injury until the prescribed administrative remedy has been exhausted.”
- Rozenblat v. Kappos, 345 F. App'x 601 (Fed. Cir. 2009).unpublished “the doctrine of exhaustion of administrative remedies provides 'that no one is entitled to judicial relief for a supposed or threatened injury until the prescribed administrative remedy has been exhausted.”
- Robbins v. Chipman Trucking Inc., 693 F. Supp. 628 (N.D. Ill. 1986).published
- H v. Ysleta Indep Sch, No. 01-50491 (5th Cir. Apr. 4, 2002).unpublished
- Coit Indep. Jt. Venture v. Fed. Sav. & Loan Ins., 489 U.S. 561 (1989).published
- Shalala v. Illinois Council on Long Term Care, Inc., 529 U.S. 1 (2000).published
- Woodford v. Ngo, 548 U.S. 81 (2006).published
- Kpmg LLP v. Sec, No. 01-1131 (D.C. Cir. May 14, 2002).published
- Portela-Gonzalez v. Sec'y, No. 96-1460 (1st Cir. Mar. 27, 1997).published
- Swirsky v. Nat'l Ass'n, No. 97-1038 (1st Cir. Sept. 9, 1997).published
- Atl. Richfield Co. v. United States Dep't of Energy, 769 F.2d 771 (D.C. Cir. 1985).published
- Dan S. Hessbrook v. M.C. Lennon, Jr., D.A. French, & J. Saxman, 777 F.2d 999 (5th Cir. 1986).published
- Mimi Cutler, Stephen D. Annand & Nat'l Council of Senior Citizens v. Dr. Arthur Hull Hayes, Jr., 818 F.2d 879 (D.C. Cir. 1987).published
- Gloria Rieger v. Off. of Pers. Mgmt., 945 F.2d 416 (Fed. Cir. 1991).unpublished
- The Miss Am. Org. v. Mattel, Inc., 945 F.2d 536 (2d Cir. 1991).published
- Hoeft v. Tucson Unified Sch. Dist., 967 F.2d 1298 (9th Cir. 1992).published
- Gaylon L. Harrell v. United States of Am., Being Sued as United States (Corp.), 4 F.3d 996 (7th Cir. 1993).unpublished
- Brian E. Davis v. United States Dep't of Hous. & Urban Dev. & Loretta Wright, 94 F.3d 647 (7th Cir. 1996).unpublished
- Cissell Mfg. Co. v. United States Dep't of Labor, 101 F.3d 1132 (6th Cir. 1997).published
- Kleissler v. United States Forest Serv., 183 F.3d 196 (3d Cir. 1999).published
- Maine Yankee Atomic Power Co., Connecticut Yankee Atomic Power Co., & Yankee Atomic Elec. Co.,plaintiffs-Appellees v. United States,defendant-Appellant, 225 F.3d 1336 (Fed. Cir. 2000).published
- Alloy Piping Prods., Inc. v. United States, 33 Ct. Int'l Trade 349 (Ct. Intl. Trade 2009).published
- Bridgestone Americas, Inc. v. United States, 2010 CIT 55 (Ct. Intl. Trade 2010).
- Habas Sinai Ve Tibbi Gazlar Istihsal Endustrisi A.S. v. United States, 31 Ct. Int'l Trade 1793 (Ct. Intl. Trade 2007).published
- Agro Dutch Indus., Ltd. v. United States, 30 Ct. Int'l Trade 320 (Ct. Intl. Trade 2006).published
- Woodrow Wilson v. Sentence Info. Servs., No. M1998-00939-COA-R3-CV, 2001 WL 422966 (Tenn. Ct. App. Apr. 26, 2001).published
- Giovino v. Kincaid & Caples, No. 01A01-9609-CV-00388 (Tenn. Ct. App. Mar. 19, 1997).published
- Sims v. Apfel, 530 U.S. 103 (2000).published
- Ctr. for a Sustainable Coast v. Coastal Marshlands Prot. Comm., 670 S.E.2d 429 (Ga. 2008).published
- Reeves v. Olsen, 691 S.W.2d 527 (Tenn. 1985).published
- In Re Pelham North, Inc., 578 A.2d 124 (Vt. 1990).published
- City of Des Moines v. City Dev. Bd. of the State, 633 N.W.2d 305 (Iowa 2001).published
- In Re Mitchell, 81 Cal. App. 4th 653 (Cal. Ct. App. 2000).published
- Rogers v. Columbia/HCA of Cent. Louisiana, Inc., 961 F. Supp. 960 (W.D. La. 1997).published
- California Water Impact Network v. Newhall Cnty. Water Dist., 161 Cal. App. 4th 1464 (Cal. Ct. App. 2008).published
- Gen. Offshore Corp. v. Farrelly, 743 F. Supp. 1177 (D.V.I. 1990).published
- Regan v. Kootenai Cnty., 100 P.3d 615 (Idaho 2004).published
- Porter v. Cent. Intelligence Agency, No. 2010-0050 (D.D.C. Apr. 21, 2011).published
- Adamski v. McHugh, No. 2014-0094 (D.D.C. July 31, 2015).published
- Merchants Ins. Grp. v. Spicer, 38 N.E.3d 1018 (Mass. App. Ct. 2015).published
- McArthur Ester v. Anthony J. Principi, Sec'y of Vets. Affairs, 250 F.3d 1068 (7th Cir. 2001).published
- Dennis Robinson v. John H. Dalton, Sec'y to United States Dep't of the Navy, 107 F.3d 1018 (3d Cir. 1997).published
- United States v. Dico, Inc., 136 F.3d 572 (8th Cir. 1998).published
- Golden Dragon Precise Copper Tube Grp., Inc. v. United States, 2016 CIT 17 (Ct. Intl. Trade 2016).published
- S. Union Co. v. Ridem, Pc, No. C.A. No.: PC 07-2056 (Sup. Ct. R.I. July 13, 2007).published
- Falcone Bros. & Assocs., Inc. v. City of Tucson, 381 P.3d 276 (Ariz. Ct. App. 2016).published
- Clearon Corp. v. United States, 2016 CIT 110 (Ct. Intl. Trade 2016).published
- In re Est. of McElveny, 2017-NMSC-024.published
- Lannett Co., Inc. v. United States Food & Drug Admin., No. 2016-1350 (D.D.C. Oct. 25, 2017).published
- Carter v. United States, No. 17-587 (Fed. Cl. Jan. 31, 2018).unpublished
- City of Wilmington, Delaware v. United States, No. 16-1691 (Fed. Cl. Mar. 14, 2018).published
- William Loveland Coll. v. Distance Educ. Accredition Comm'n, No. 2017-2037 (D.D.C. Sept. 28, 2018).published
- Roy DePack, Jr. v. Gilroy, No. 17-3657 (3d Cir. Mar. 13, 2019).unpublished
- Anclote Psychiatric Ctr. v. Comm'r, 98 T.C. 374 (Tax Ct. 1992).published
- Jeffrey Mohlman v. Fin. Indus. Regulatory Auth., 977 F.3d 556 (6th Cir. 2020).published
- Kathy Gardner-Dickson v. Robert L. Wilkie, No. 19-4765 (Vet. App. Oct. 21, 2020).published
- Goral v. Dart, 2020 IL 125085, 181 N.E.3d 736.published
- Simon v. United States Dep't of Just., No. 2020-0580, 2021 WL 1578293 (D.D.C. Apr. 22, 2021).published
- Burnside v. Dep't of Just., No. 2020-2309 (D.D.C. Mar. 10, 2022).published
- Marvin Miranda v. Merrick Garland, 34 F. 4th 338 (4th Cir. 2022).published
- Oakes v. Thurgood Marshall Academy, No. 2020-2754 (D.D.C. May 17, 2022).published
- Marvin Miranda v. Merrick Garland, No. 20-1828 (4th Cir. May 19, 2022).published
- Trust Ins. v. Comm'r of Ins., 724 N.E.2d 710 (Mass. App. Ct. 2000).published
- Gregory Lumber Co. v. United States, 9 Cl. Ct. 503 (Ct. Cl. 1986).published
- Cummings v. Tripp, 527 A.2d 230 (Conn. 1987).published
- Jordan v. State, 702 A.2d 58 (Vt. 1997).published
- Heywood v. Cruzan Motors, Inc., 21 V.I. 495 (D.V.I. 1985).published
- Rehab & Cmty. Provider, Aplts v. DHS, No. 13 MAP 2021 (Pa. Sept. 29, 2022).published
- Mercado Vega v. Universidad de Puerto Rico, 128 P.R. Dec. 273 (1991).published
- Alabama Medicaid Agency v. Holland, 632 F. Supp. 255 (M.D. Ala. 1986).published
- Miss Am. Org. v. Mattel, Inc., 945 F.2d 536 (2d Cir. 1991).published
- Elldakli v. Garland, 64 F.4th 666 (5th Cir. 2023).published
- SMA Surfaces, Inc. v. United States, 658 F. Supp. 3d 1325 (Ct. Intl. Trade 2023).published
- Sierra Club v. Entergy Arkansas Inc, 503 F. Supp. 3d 821 (E.D. Ark. 2020).published
- (HC)Jones v. Thompson, No. 2:21-cv-00403, 2021 WL 5397711 (E.D. Cal. Nov. 18, 2021).
- Pritchard v. State of Delaware Dep't of Corr., No. 1:18-cv-00008 (D. Del. Oct. 23, 2020).
- Tong v. Derr, No. 1:22-cv-00543 (D. Haw. June 14, 2023).
- Huihui v. Derr, No. 1:22-cv-00541, 2023 WL 4086073 (D. Haw. June 20, 2023).
- Star Way Lines v. Scalia, No. 1:20-cv-04842 (N.D. Ill. Mar. 31, 2022).
- Werner v. Hacker, No. 3:21-cv-01431 (S.D. Ill. Apr. 19, 2022).
- Blake v. Warden, No. 8:18-cv-03433 (D. Md. Sept. 11, 2019).
- Cochran v. Earwin, No. 1:22-cv-00173 (D. Md. Oct. 13, 2022).
- White v. Warden, Fed. Corr. Inst. - Cumberland, No. 1:22-cv-02371, 2023 WL 4867562 (D. Md. July 31, 2023).
- Price v. Carter, No. 1:23-cv-02658 (D. Md. May 7, 2024).
- Davenport v. New Jersey Bd. of Pub. Utils., No. 3:18-cv-13687 (D.N.J. June 11, 2019).unpublished
- Wells v. Guzman, No. 3:19-cv-00407 (D. Nev. Sept. 28, 2021).
- Calvino v. F.B.I., No. 1:20-cv-00468 (S.D.N.Y. Jan. 27, 2020).
- Razzoli v. US Attorney, No. 1:21-cv-04138 (S.D.N.Y. July 26, 2021).
- Razzoli v. US Attorney, No. 1:21-cv-04138 (S.D.N.Y. Sept. 17, 2021).
- Torres v. U.S. Dep't of Just., No. 1:23-cv-00945 (S.D.N.Y. May 1, 2023).
- Brimstone Nat. Resources v. Haight, No. 1:18-cv-01740 (D. Or. Aug. 7, 2019).
- US Premium Fin. v. Five Dev. Holdings, Inc., No. 3:19-cv-01513 (D.P.R. Mar. 29, 2021).
- Newtek Small Bus. Fin., LLC v. Boyz Transp. Servs., LLC, No. 2:20-cv-00138 (E.D. Tenn. Nov. 19, 2020).
- Rahman v. Blinken, No. 2023-3235, 2024 WL 4332603 (D.D.C. Sept. 27, 2024).published
- Ewing v. Carter, No. 1:22-cv-03029, 2024 WL 4289534 (D. Md. Sept. 25, 2024).
- Incumaa v. Stirling, No. 9:17-cv-01608 (D.S.C. Sept. 30, 2024).
- Palacios v. United States, No. 1:22-cv-00019 (W.D. Tex. May 18, 2022).
- United States v. City of San Antonio, No. 5:24-cv-00255 (W.D. Tex. Oct. 18, 2024).
- Stokes v. McDonough, No. 2:21-cv-00143 (D. Utah Apr. 18, 2022).
- Turner v. Howell, No. 4:22-cv-00130 (W.D. Va. Oct. 5, 2023).
- Price v. Carter, No. 1:24-cv-01444 (D. Md. Dec. 4, 2024).
- Sample v. U.S. Off. of Pers. Mgmt., No. 2:21-cv-01239 (E.D. Pa. Dec. 27, 2024).
- Your Standing Int'l, Inc. v. United States, 755 F. Supp. 3d 1373 (Ct. Intl. Trade 2025).published
- Ayana v. Philadelphia FDC, No. 1:25-cv-00174 (D. Md. Mar. 5, 2025).
- Soares v. City of Monterey, No. 5:24-cv-05131 (N.D. Cal. May 8, 2025).
- Mold Cable, Inc v. Us Small Bus. Admin., No. 1:24-cv-00352 (D.N.J. May 14, 2025).unpublished
- Gilmore v. Kernan, No. 2:24-cv-01438 (E.D. La. May 22, 2025).
- Linda Martin v. FBI, 145 F.4th 1345 (D.C. Cir. 2025).published
- Taino Constr. Grp., LLC v. United States, No. 24-2030 (Fed. Cl. July 31, 2025).published
- Lopez-Campos v. Immigr. & Customs Enf't, Acting Dir. of Detroit Field Off., Enf't & Removal Operations, No. 2:25-cv-12486 (E.D. Mich. Aug. 29, 2025).
- Cesar Diaz Sandoval v. Kevin Raycraft, et al., No. 2:25-cv-12987, 2025 WL 2977517 (E.D. Mich. Oct. 17, 2025).
- Willian Wilfredo Pacheco Mayen v. Kevin Raycraft, et al., No. 2:25-cv-13056, 2025 WL 2978529 (E.D. Mich. Oct. 17, 2025).
- Contreras-Cervantes, No. 2:25-cv-13073 (E.D. Mich. Oct. 17, 2025).
- Casio-Mejia, No. 2:25-cv-13032 (E.D. Mich. Oct. 21, 2025).
- Edder Arnaldo Santos Franco v. Kevin Raycraft, et al., No. 2:25-cv-13188, 2025 WL 2977118 (E.D. Mich. Oct. 21, 2025).
- Velasco-Sanchez, No. 2:25-cv-13730 (E.D. Mich. Dec. 11, 2025).
- Chestnut, No. 1:25-cv-01372 (E.D. Cal. Nov. 26, 2025).
- v., No. 1:25-cv-00747 (S.D. Ohio Dec. 18, 2025).
- Wofford, No. 1:25-cv-01546 (E.D. Cal. Jan. 6, 2026).
- McDonald, No. 1:25-cv-00141 (D. Md. Jan. 13, 2026).
- Manuel Gonzalez Cortez v. Robert Lynch, et al., No. 1:25-cv-00822, 2026 WL 82039 (S.D. Ohio Jan. 12, 2026).
- Burks, No. 1:25-cv-01075 (D. Md. Jan. 20, 2026).
- Zakarneh, No. 3:25-cv-00448 (D. Or. Mar. 12, 2026).
- He, No. 4:26-cv-00894 (N.D. Ohio Apr. 21, 2026).
- Carrion, No. 3:25-cv-01535 (D.P.R. June 8, 2026).
- Sherese Lee Ann Drake v. Warden of the California City Det. Facility, et al., No. 1:26-cv-02242 (E.D. Cal. June 4, 2026).
- Juan Lucatero Sanchez v. Warden of the Det. Facility, et al., No. 1:26-cv-02233 (E.D. Cal. June 15, 2026).
- Marcello Lopez Jaramillo v. Warden of the Mesa Verde Det. Facility, et al., No. 1:26-cv-02572 (E.D. Cal. June 15, 2026).
- (HC)Hoang, No. 1:26-cv-04023 (E.D. Cal. June 30, 2026).
- Erick Israel Perez Cinto v. Warden of the Golden State Annex Det. Facility, et al., No. 1:26-cv-02782 (E.D. Cal. July 2, 2026).
- Yosiel Garcia Hernandez v. Warden of the Golden State Annex Det. Facility, et al., No. 1:26-cv-03364 (E.D. Cal. July 7, 2026).
- City of Clearwater v. Stantec Consulting Servs. Inc., No. 8:25-cv-02410 (M.D. Fla. July 23, 2026).
- Chris McGee et al. v. Robert F. Kennedy, Jr., et al., No. 4:26-cv-00243 (N.D. Tex. Aug. 26, 2026).
- Watson, No. 2:24-cv-03043 (E.D. Pa. Aug. 26, 2026).
- Hector Manuel Estrada Cervantes v. Warden of the Golden State Annex Det. Facility, et al., No. 1:26-cv-00640 (E.D. Cal. July 27, 2026).
- Cowan, No. 4:25-cv-00052 (D. Mont. Sept. 2, 2026).
- John Doe v. Warden of the Golden State Annex Det. Facility, et al., No. 1:25-cv-01283 (E.D. Cal. Aug. 7, 2026).
- Hamed, No. 1:26-cv-02486 (W.D. Mich. Sept. 17, 2026).
- Miguel Andres Ibarra Marin v. Fereti Semaia, Warden of the Color of Immigr. Det. Statutes, No. 5:26-cv-04703 (C.D. Cal. Aug. 19, 2026).
- David M. Winck, Jr. v. Gordon R. England, Julian E. Sallas, Richard G. Hoffman, John Ashcroft, Mac Cauley, 327 F.3d 1296 (11th Cir. 2003).published
- Orville Taylor v. United States, 711 F.2d 1199 (3d Cir. 1983).published
- Cole v. Spear, 747 F.2d 217 (4th Cir. 1984).published
- Cent. States, Se. & Sw. Areas Pension Fund v. 888 Corp., 813 F.2d 760 (3d Cir. 1987).published
- Accion Soc. De Puerto Rico, Inc. v. Norberto Viera Perez, Etc., 831 F.2d 365 (1st Cir. 1987).published
- Nat'l Wildlife Fed'n v. Robert F. Burford, Mountain States Legal Found. (Two Cases), 835 F.2d 305 (D.C. Cir. 1987).published
- New York State Ophthalmological Soc'y v. Otis R. Bowen, Sec'y, Health & Human Servs., 854 F.2d 1379 (D.C. Cir. 1988).published
- Fouad Yacoub Rafeedie v. Immigr. & Naturalization Serv., an Agency of the Fed. Gov't, Fouad Yacoub Rafeedie v. Immigr. & Naturalization Serv., 880 F.2d 506 (D.C. Cir. 1989).published
- Astrid L. Portela-Gonzalez v. Sec'y of the Navy, 109 F.3d 74 (1st Cir. 1997).published
- Fed. Sec. L. Rep. P 99,521 Gerald R. Swirsky v. Nat'l Ass'n of Sec. Dealers, 124 F.3d 59 (1st Cir. 1997).published
- Ostman v. State, Com. Fisheries Entry Comm'n, 678 P.2d 1323 (Alaska 1984).published
- Estee Lauder, Inc. v. United States Food & Drug Admin., 727 F. Supp. 1 (D.D.C. 1989).published
- Greenery Rehab. Grp., Inc. v. Sabol, 841 F. Supp. 58 (N.D.N.Y. 1993).published
- Nat'l Wildlife Fed'n v. Burford, 676 F. Supp. 280 (D.D.C. 1986).published
- Evans v. Cent. of Georgia R.R., 619 F. Supp. 1364 (N.D. Ga. 1985).published
- Massachusetts Ex Rel. Dep't of Pub. Welfare v. L.Y.N.G., 681 F. Supp. 91 (D. Mass. 1988).published
- Dor v. Dist. Dir., Immigr. & Naturalization Serv., New York Dist., 697 F. Supp. 694 (S.D.N.Y. 1988).published
- Romero-Perez v. U.S. Dep't of Just., 780 F. Supp. 2d 162 (D.P.R. 2011).published
- Grp. Health Inc. v. Blue Cross Ass'n, 625 F. Supp. 69 (S.D.N.Y. 1985).published
- Newman v. Dist. of Columbia, 518 A.2d 698 (D.C. 1986).published
- Yahweh v. United States Parole Comm'n, 158 F. Supp. 2d 1332 (S.D. Fla. 2001).published
- Marchiano v. Nat'l Ass'n of Sec. Dealers, Inc., 134 F. Supp. 2d 90 (D.D.C. 2001).published
- Convertino v. United States Dep't of Just., 393 F. Supp. 2d 42 (D.D.C. 2005).published
- Johnson v. Dist. of Columbia, 368 F. Supp. 2d 30 (D.D.C. 2005).published
- D.L. v. Dist. of Columbia, 450 F. Supp. 2d 11 (D.D.C. 2006).published
- Jones v. United States, 122 Fed. Cl. 490 (Fed. Cl. 2015).published
- Kappos v. Hyatt, 566 U.S. 431 (2012).published
- Halas v. United States, 28 Fed. Cl. 354 (Fed. Cl. 1993).published
- Hawpe Constr., Inc. v. United States, 46 Fed. Cl. 571 (Fed. Cl. 2000).published
- Roe v. Shanahan, 359 F. Supp. 3d 382 (E.D. Va. 2019).published
- Town of Greenwich v. Liquor Control Comm'n, 469 A.2d 382 (Conn. 1983).published
- Rafeedie v. Immigr. & Naturalization Serv., 880 F.2d 506 (D.C. Cir. 1989).published
- Mercy Hosp. of Laredo v. Heckler, 777 F.2d 1028 (5th Cir. 1985).published
- Cent. States, Se. & Sw. Areas Pension Fund v. 888 Corp., 813 F.2d 760 (6th Cir. 1987).published
- Cargill, Inc. v. M.S.H.R., No. 26-3287 (6th Cir. Sept. 23, 2026).published
- Maine Yankee Atomic Power Co. v. United States, 225 F.3d 1336 (Fed. Cir. 2000).published“The doctrine of exhaustion of administrative remedies ... provides ‘that no one is entitled to judicial relief ... until the prescribed administrative remedy has been exhausted’”
- Rocky Mountain Oil & Gas Ass'n v. James G. Watt, 696 F.2d 734 (10th Cir. 1983).published
- Floyd-Mayers v. Am. Cab Co., 732 F. Supp. 243 (D.D.C. 1990).published
At page 194 Requiring exhaustion of administrative remedies80 citing cases[I]t is normally desirable to let the agency develop the necessary factual background upon which decisions should be based. And since agency decisions are frequently of a discretionary nature or frequently require expertise, the agency should be given the first chance to exercise that discretion o…
- Al Tech Specialty Steel Corp. v. United States, 661 F. Supp. 1206 (Ct. Intl. Trade 1987).published But cf. McKart, 395 U.S. at 197, 199 , 89 S.Ct. at 1663 (suggesting that, in the context of a subsequent criminal prosecution, the termination of the administrative process is a factor to be considered in deciding whether to require exhaus…
- Purini, No. 7:25-cv-04195 (S.D.N.Y. Sept. 28, 2026).([S]ince agency decisions are frequently of a discretionary nature or frequently require expertise, the agency should be given the first chance to exercise that discretion or to apply that expertise.)
- Halsey v. Fedcap Rehab. Servs., Inc., 95 F.4th 1 (1st Cir. 2024).published See Johnson v. City of Augusta, 902 A.2d 855 , 857 n.2 (Me. 2006) (stating that the primary jurisdiction doctrine "is applied to allow an agency charged with making a decision the opportunity to do so before a court disrupts the agency pro…
- Pub. Watchdogs v. S. California Edison Co., 984 F.3d 744 (9th Cir. 2020).published([I]t is normally desirable to let the agency develop the necessary factual background upon which decisions should be based. And since agency decisions are frequently of a discretionary nature or frequently require expe…)
- Harmonia Holdings Grp., LLC v. United States, No. 19-1421 (Fed. Cl. Apr. 26, 2020).published See, e.g., McKart v. United States, 395 U.S. at 197 (“We cannot agree that application of the exhaustion doctrine would be proper in the circumstances of the present case.”). “‘[A]dministrative remedies need not be pursued if the litigant'…
- Bhambhani, M.D. v. Innovative Health Solutions, Inc., No. 1:19-cv-00355 (D. Md. Feb. 11, 2020).([S]ince agency decisions are frequently of a discretionary nature or frequently require expertise, the agency should be given the first chance to exercise that discretion or to apply that expertise.)
- Khine v. United States Dep't of Homeland Sec., No. 2017-1924 (D.D.C. Sept. 24, 2018).published(It goes without saying that exhaustion of remedies is required in FOIA cases.)
- Sarei v. Rio Tinto, Plc, 487 F.3d 1193 (9th Cir. 2007).published(Parties are generally required to exhaust their administrative remedies, in part because of concerns for separation of powers.)
- Sarei v. Rio Rinto, Plc, 456 F.3d 1069 (9th Cir. 2006).published(Parties are generally required to exhaust their administrative remedies, in part because of concerns for separation of powers.)
- Holliday v. Principi, 14 Vet. App. 280 (Vet. App. 2001).published “The agency, like a trial court, is created for the purpose of applying a statute in the first instance.”
Show 70 more citing cases
- Rice v. U S Dept ATF, No. 94-1547 (3d Cir. Oct. 18, 1995). (it is normally desirable to let the agency develop the necessary factual background upon which decisions should be based)
- Abbey v. Sullivan, 978 F.2d 37 (2d Cir. 1992).published (notions of administrative autonomy require that the agency be given a chance to discover and correct its own errors)
- Abbey v. Sullivan, 978 F.3d 37 (2d Cir. 1992).published (notions of administrative autonomy require that the agency be given a chance to discover and correct its own errors)
- Stand. Alaska Prod. Co. v. State, Dep't of Revenue, 773 P.2d 201 (Alaska 1989).published “of course it is generally more efficient for the administrative process to go forward without interruption than it is to permit the parties to seek aid from the courts at various intermediate stages”
- Dept. of Prof'l Reg. State, Bd. of Med. v. Marrero, 536 So. 2d 1094 (Fla. 1st DCA 1988).published “The courts ordinarily should not interfere with an agency until it has completed its action, or else has clearly exceeded its jurisdiction.”
- Diamond Sawblades Mfrs.' Coalition v. United States Dep't of Com., 968 F. Supp. 2d 1338 (Ct. Intl. Trade 2014).published “the courts ordinarily should not interfere with an agency until it has completed its action, or else has clearly exceeded its jurisdiction.”
- Robbins v. Chipman Trucking Inc., 693 F. Supp. 628 (N.D. Ill. 1986).published
- Woodford v. Ngo, 548 U.S. 81 (2006).published
- Sims v. Apfel, 530 U.S. 103 (2000).published
- Christian v. New York State Dep't of Labor, 414 U.S. 614 (1974).published
- Schlesinger v. Councilman, 420 U.S. 738 (1975).published
- Fair Assessment in Real Est. Assn., Inc. v. McNary, 454 U.S. 100 (1981).published
- McCarthy v. Madigan, 503 U.S. 140 (1992).published
- United States v. Williams, 514 U.S. 527 (1995).published
- Hyatt v. Kappos, 625 F.3d 1320 (Fed. Cir. 2010).published
- Equal Emp. Opportunity Comm'n v. Lutheran Soc. Servs., 186 F.3d 959 (D.C. Cir. 1999).published
- Commonwealth of Mass v. Sec'y of A, No. 92-1539 (1st Cir. Jan. 22, 1993).published
- United States of Am. Ex Rel. Melvin Sanders 75551-158 v. Floyd E. Arnold, Warden, 535 F.2d 848 (3d Cir. 1976).published
- Stand. Oil Co. v. Fed. Trade Comm'n, 596 F.2d 1381 (9th Cir. 1979).published
- 32 Fair empl.prac.cas. 658, 32 Empl. Prac. Dec. P 33,659, 708 F.2d 1344 (8th Cir. 1983).published
- AL Tech Specialty Steel Corp. v. United States, 28 Ct. Int'l Trade 1468 (Ct. Intl. Trade 2004).published
- Borden, Inc. v. United States, 23 Ct. Int'l Trade 372 (Ct. Intl. Trade 1999).published
- Bethenergy Mines, Inc. v. Cunningham, 104 F. App'x 881 (4th Cir. 2004).unpublished
- Nequoia Ass'n v. Dep't of the Interior of the United States, 626 F. Supp. 827 (D. Utah 1985).published
- Shell Offshore, Inc. v. Dep't of the Interior, 997 F. Supp. 23 (D.D.C. 1998).published
- M.G. v. Caldwell-West Caldwell Bd. of Educ., 804 F. Supp. 2d 305 (D.N.J. 2011).published
- United Paperworkers Int'l Union, Local 14 v. Int'l Paper Co., 777 F. Supp. 1010 (D. Me. 1991).published
- Timken Co. v. United States, 630 F. Supp. 1327 (Ct. Intl. Trade 1986).published
- Golden Dragon Precise Copper Tube Grp., Inc. v. United States, 2014 CIT 85 (Ct. Intl. Trade 2014).published
- Deacero S.A.P.I. de C v. v. United States, 2014 CIT 99 (Ct. Intl. Trade 2014).published
- Coastal Habitat All. v. Pub. Util. Comm'n of Texas Barry T. Smitherman, Chairman Kenneth W. Anderson, Jr., Comm'r Donna L. Nelson, Comm'r Texas Gulf Wind LLC PPM Energy, Inc. & AEP TCC, No. 03-08-00205-CV (Tex. App.—Austin July 8, 2009).published
- Lin v. Atty Gen USA, No. 06-2883 (3d Cir. Sept. 11, 2008).published
- Mathias Njang Etchu-Njang v. Alberto Gonzales, Attorney Gen. of the United States of Am., 1, 403 F.3d 577 (8th Cir. 2005).published
- Chissoe v. Zinke, No. 16-5172 (10th Cir. Feb. 16, 2018).unpublished
- Kearns v. Fed. Aviation Admin., No. 2017-0434 (D.D.C. May 15, 2018).published
- Arjun Dhakal v. Jefferson Sessions III, No. 17-3377 (7th Cir. July 13, 2018).published
- Yolanda Jaime Berrelez v. Mesquite Logistics USA, Inc., 562 S.W.3d 69 (Tex. App.—San Antonio 2018).published
- Washington v. Barr, 925 F.3d 109 (2d Cir. 2019).published
- Stroud v. Steininger, 563 A.2d 1091 (D.C. 1989).published
- United States v. Bavarian Motors, Inc., 4 Ct. Int'l Trade 83 (Ct. Intl. Trade 1982).published
- Torrington Co. v. United States, 18 Ct. Int'l Trade 148 (Ct. Intl. Trade 1994).published
- Fed.-Mogul Corp. v. United States, 18 Ct. Int'l Trade 160 (Ct. Intl. Trade 1994).published
- Timken Co. v. United States, 18 Ct. Int'l Trade 164 (Ct. Intl. Trade 1994).published
- Oficina de la Procuradora del Paciente v. Aseguradora MCS, IPA 603, 163 P.R. Dec. 21 (2004).published
- Edwards v. Dep't of the Army, 708 F.2d 1344 (8th Cir. 1983).published
- Bracken v. City of Ketchum, 537 P.3d 44 (Idaho 2023).published
- McAdams v. Yates, No. 2:22-cv-00221 (E.D. Ark. Nov. 17, 2023).
- Harrosh v. Tahoe Reg'l Plan. Agency, 640 F. Supp. 3d 962 (E.D. Cal. 2022).
- Vasquez v. BNSF Ry. Co., No. 9:18-cv-00164 (D. Mont. May 29, 2020).
- Pfeifle v. Portland Terminal R.R. Co., No. 3:19-cv-01436 (D. Or. June 25, 2021).
- Mark E. Solomon, D.P.M. v. Med. Exec. Comm. of Morristown Med. Ctr., No. A-0436-23 (N.J. Super. Ct. App. Div. Aug. 8, 2024).unpublished
- Spurlin v. United States Prob. Off., No. 6:23-cv-06109 (W.D. Ark. Jan. 31, 2024).
- Ramdeo v. Becerra, No. 5:24-cv-00359 (M.D. Fla. Sept. 6, 2024).
- Jackson v. Saad, No. 1:18-cv-01022 (S.D.W. Va Jan. 24, 2019).
- TCR, LLC v. Teton Cnty., 559 P.3d 302 (Idaho 2024).published
- Pratcher v. Garrett, No. 2:24-cv-00178 (E.D. Ark. Feb. 14, 2025).
- Wendring v. Stalhood, No. 4:25-cv-00106 (E.D. Ark. Mar. 13, 2025).
- Melton v. Helaire, No. 2:25-cv-00029 (E.D. Ark. Apr. 11, 2025).
- Forte v. Humphrey, No. 2:25-cv-00052 (E.D. Ark. June 30, 2025).
- Morgan v. Warden, No. 4:25-cv-00411 (E.D. Ark. Aug. 14, 2025).
- Dunbar v. Comm'r of Soc. Sec., No. 5:25-cv-00457 (M.D. Fla. Sept. 10, 2025).
- Dunbar, No. 5:25-cv-00457 (M.D. Fla. Sept. 26, 2025).
- Cristobal Camilo Laguna Espinoza v. Dir. of Detroit Field Off., U.S. Immigr. & Customs Enf't, et al., No. 4:25-cv-02420 (N.D. Ohio Nov. 19, 2025).
- McHenry, No. 4:25-cv-00617 (E.D. Ark. Nov. 6, 2025).
- Melton, No. 2:25-cv-00217 (E.D. Ark. Jan. 8, 2026).
- Eteros Tech. USA, Inc., et al. v. United States of Am., et al., No. 2:25-cv-00181 (W.D. Wash. July 30, 2026).
- Cavalier Tel., LLC v. Virginia Elec. & Power Co., 303 F.3d 316 (4th Cir. 2002).published“And since agency decisions are frequently of a discretionary nature or frequently require expertise, the agency should be given the first chance to exercise that discretion or apply that expertise.”
- Cavalier Tel., LLC v. Virginia Elec. & Power Co., D/B/A Dominion Virginia Power, Cavalier Tel., LLC v. Virginia Elec. & Power Co., D/B/A Dominion Virginia Power, 303 F.3d 316 (4th Cir. 2002).published“And since agency decisions are frequently of a discretionary nature or frequently require expertise, the agency should be given the first chance to exercise that discretion or apply that expertise.”
- Coconino Cnty. v. Antco, Inc., 148 P.3d 1155 (Ariz. Ct. App. 2006).published“The courts ordinarily should not interfere with an agency until it has completed its action, or else has clearly exceeded its jurisdiction.”
- Comp. Dep't of Dist. Five v. Marshall, 667 F.2d 336 (3d Cir. 1981).published“(I)t is generally more efficient for the administrative process to go forward without interruption than it is to permit the parties to seek aid from the courts at various intermediate stages. The very same reasons lie…”
At page 195 Tailoring exhaustion doctrine to administrative system peculiarities46 citing cases“frequent and deliberate flouting of administrative processes could weaken the effectiveness of an agency by encouraging people to ignore its procedures.”
- Sayegh de Kewayfati v. Bondi, 165 F.4th 342 (5th Cir. 2026).published ([S]ince agency decisions . . . frequently require expertise, the agency should be given the first chance to exercise that discretion or to apply that expertise.)
- Ventura29 v. City of San Buenaventura, 87 Cal. App. 5th 1028 (Cal. Ct. App. 2023).published (A complaining party may be successful in vindicating his rights in the administrative process. If he is required to pursue his administrative remedies, the courts may never have to intervene)
- Cassirer v. Thyssen-Bornemisza, No. 06-56325 (9th Cir. Sept. 8, 2009).published(In Selective Service cases, the exhaustion doctrine must be tailored to fit the peculiarities of the administrative system Congress has created.)
- In Re Denio, 608 A.2d 1166 (Vt. 1992).published(frequent and deliberate flouting of administrative processes could weaken the effectiveness of an agency by encouraging people to ignore its procedures)
- Robbins v. Chipman Trucking Inc., 693 F. Supp. 628 (N.D. Ill. 1986).published
- In re Est. of McElveny, 2017-NMSC-024.published
- Alabama Medicaid Agency v. Holland, 632 F. Supp. 255 (M.D. Ala. 1986).published
- McCarthy v. Madigan, 503 U.S. 140 (1992).published
- Fed. Trade Comm'n v. Stand. Oil Co., 449 U.S. 232 (1980).published
- Corus Staal BV v. United States, 30 Ct. Int'l Trade 1040 (Ct. Intl. Trade 2006).published
Show 36 more citing cases
- Bateman v. Blue Cross-Blue Shield of Alabama, 579 F. Supp. 265 (M.D. Ala. 1984).published
- In Re Fain, 65 Cal. App. 3d 376 (Cal. Ct. App. 1976).published
- New York State Teamsters Conf. Pension & Ret. Fund ex rel. Nolan v. McNicholas Transp. Co., 658 F. Supp. 1469 (N.D.N.Y. 1987).published
- Kurfees v. INS, No. 00-7681 (4th Cir. Dec. 19, 2001).unpublished
- Moscato v. Fed Bureau Prisons, No. 95-7065 (3d Cir. Oct. 22, 1996).
- Passaro Frango v. Alberto R. Gonzales, Attorney Gen. of the United States, 437 F.3d 726 (8th Cir. 2006).published
- Luis Sanchez v. William P. Barr, 919 F.3d 1193 (9th Cir. 2019).published
- Luoyang Bearing Corp. (Grp.) v. United States, 450 F. Supp. 3d 1402 (Ct. Intl. Trade 2020).published
- Carr v. Comm'r, SSA, 961 F.3d 1267 (10th Cir. 2020).published
- Univ. Hosp., Inc. v. Massachusetts Comm'n Against Discrimination, 487 N.E.2d 506 (Mass. 1986).published
- Fed.-Mogul Corp. v. United States, 18 Ct. Int'l Trade 1168 (Ct. Intl. Trade 1994).published
- Alaska Indus. Dev. & Exp. Auth. v. Biden, 685 F. Supp. 3d 813 (D. Alaska 2023).published
- Mendoza v. Warden, No. 1:23-cv-04057 (D.N.J. July 31, 2023).unpublished
- Fore v. McDonough, No. 2:23-cv-03610 (E.D.N.Y Apr. 12, 2024).
- Curry v. United States, 617 F. Supp. 3d 308 (E.D. Pa. 2022).
- Greenery Rehab. Grp., Inc. v. Sabol, 841 F. Supp. 58 (N.D.N.Y. 1993).published
- McGee v. United States, 402 U.S. 479 (1971).published
- United States v. Vincent Francis McGee Jr., 426 F.2d 691 (2d Cir. 1970).published
- First Jersey Sec., Inc. v. Bergen, 605 F.2d 690 (1st Cir. 1979).published
- Broeckel v. State, Dep't of Corr., 941 P.2d 893 (Alaska 1997).published
- United States Ex Rel. Kempf v. Commanding Officer of the Fort Des Moines Examining & Entrance Station, 339 F. Supp. 320 (S.D. Iowa 1972).published
- Hiser v. Pennsylvania, Dep't of Pub. Welfare (In Re St. Mary Hosp.), 125 B.R. 422 (Bankr. E.D. Pa. 1991).published
- Seefeldt v. Bd. of Trs. of Univ., 487 F. Supp. 230 (D.D.C. 1979).published
- Stephens v. Bd. of Regents of Univ. of Minnesota, 614 N.W.2d 764 (Minn. Ct. App. 2000).published
- Jackson Ex Rel. Jackson v. Philadelphia Hous. Auth., 858 F. Supp. 464 (E.D. Pa. 1994).published
- Abington Ctr. Assocs. Ltd. P'ship v. Baltimore Cnty., 694 A.2d 165 (Md. Ct. Spec. App. 1997).published
- Dixon v. Dep't of Pub. Saf. & Corr. Servs., 927 A.2d 445 (Md. Ct. Spec. App. 2007).published
- Twp. of Lower Alloways Creek v. United States Nuclear Regulatory Comm'n, 481 F. Supp. 443 (D.N.J. 1979).published
- Marquart v. Dir. of Revenue, 896 S.W.2d 716 (Mo. Ct. App. 1995).published
- Kentucky v. United States, 62 Fed. Cl. 445 (Fed. Cl. 2004).published
- Danaher v. Dep't of Labor, Licensing & Reg., 811 A.2d 359 (Md. Ct. Spec. App. 2002).published
- First Jersey Sec., Inc. v. Bergen, 605 F.2d 690 (3d Cir. 1979).published
- Cassirer v. Kingdom of Spain, 580 F.3d 1048 (9th Cir. 2009).published“In Selective Service cases, the exhaustion doctrine must be tailored to fit the peculiarities of the administrative system Congress has created.”
- Evangelical Lutheran Church in Am. v. Immigr. & Naturalization Serv., 288 F. Supp. 2d 32 (D.D.C. 2003).published“notions of administrative autonomy require that the agency be given a chance to discover and correct its own errors”
- Cavalier Tel., LLC v. Virginia Elec. & Power Co., D/B/A Dominion Virginia Power, Cavalier Tel., LLC v. Virginia Elec. & Power Co., D/B/A Dominion Virginia Power, 303 F.3d 316 (4th Cir. 2002).published
- Cavalier Tel., LLC v. Virginia Elec. & Power Co., 303 F.3d 316 (4th Cir. 2002).published
At page 197 Exhaustion doctrine in criminal prosecutions15 citing casesmatters of statutory interpretation do not require any special expertise of the agency
- Al Tech Specialty Steel Corp. v. United States, 661 F. Supp. 1206 (Ct. Intl. Trade 1987).published But cf. McKart, 395 U.S. at 197, 199 , 89 S.Ct. at 1663 (suggesting that, in the context of a subsequent criminal prosecution, the termination of the administrative process is a factor to be considered in deciding whether to require exhaus…
- Harmonia Holdings Grp., LLC v. United States, No. 19-1421 (Fed. Cl. Apr. 26, 2020).published (We cannot agree that application of the exhaustion doctrine would be proper in the circumstances of the present case.)
- United States v. Roberto Alfredo Davila, 429 F.2d 481 (5th Cir. 1970).published
- Woodford v. Ngo, 548 U.S. 81 (2006).published
- United States v. Leland Laird Holby, 477 F.2d 649 (2d Cir. 1973).published
- Michael C. Seepe, Private, United States Marine Corps v. Dep't of the Navy, 518 F.2d 760 (6th Cir. 1975).published
- West v. Bergland, 611 F.2d 710 (8th Cir. 1979).published
- Missouri v. Bowen, 813 F.2d 864 (8th Cir. 1987).published
- United States v. Da-Chuan Zheng, 590 F. Supp. 274 (D.N.J. 1984).published
- United States v. Green, No. 19-997 (L) (2d Cir. Aug. 31, 2022).published
Show 3 more citing cases
- Adducci, No. 3:25-cv-02785 (N.D. Ohio Feb. 10, 2026).
- Kumar, No. 3:26-cv-00132 (N.D. Ohio Apr. 27, 2026).
- Comp. Dep't of Dist. Five v. Marshall, 667 F.2d 336 (3d Cir. 1981).published
At page 200 Exhaustion doctrine exceptions and administrative review13 citing casesA long line of Supreme Court cases recognizes the rule that a party need not exhaust administrative remedies before bringing a claim to federal court when the administrative remedy is inadequate or cannot provide the relief requested.
- Woodruff v. State of Ohio, No. 2:24-cv-01416 (S.D. Ohio July 16, 2024).(A long line of Supreme Court cases recognizes the rule that a party need not exhaust administrative remedies before bringing a claim to federal court when the administrative remedy is inadequate or cannot provide the r…)
- Bowen v. City of New York, 476 U.S. 467 (1986).published
- Michael Tabor v. John Gluch, 842 F.2d 333 (6th Cir. 1988).unpublished
- Larry A. McKinney v. O.I. White, Warden, 895 F.2d 1413 (6th Cir. 1990).unpublished
- John Leavis v. O.I. White, Warden, 898 F.2d 154 (6th Cir. 1990).unpublished
- Charles W. Carty v. John C. Runda, Chairman, Kentucky State Parole Bd. Attorney Gen. of Kentucky, 966 F.2d 1451 (6th Cir. 1992).unpublished
- Sensory Neurostimulation, Inc. v. Alex Azar, II, 977 F.3d 969 (9th Cir. 2020).published
- Beltran v. United States of Am., No. 3:22-cv-01915 (S.D. Cal. Aug. 23, 2023).
- Moya v. Leu, No. 1:21-cv-00936 (W.D. Mich. Oct. 19, 2022).
- Taumoepeau 86574-022 v. Luna, No. 1:22-cv-00381 (W.D. Mich. Oct. 19, 2022).
Show 3 more citing cases
- Riesqo Penate v. Garland, No. 1:22-cv-00460 (W.D. Mich. Jan. 10, 2023).
- Blumling v. United States, No. 4:19-cv-02587, 2020 WL 4333006 (N.D. Ohio July 28, 2020).
- Pan Am. Pharm., Inc., & Dan Lee v. Ken Shelin & Wendy Gould, Pan Am. Pharm., Inc., & Dan Lee v. David A. Kessler, Gerald Guest, Ed Ballitch, Ken Shelin & Wendy Gould, 980 F.2d 730 (6th Cir. 1992).unpublished“[W]here there appears no significant interest to be served in having the System decide the issue before it reaches the courts, we do not believe that petitioner's failure to appeal his classification should foreclose a…”
89 S. Ct. at 1665 Agency discretion in classification determinations8 citing cases
- United States v. Robert David Zmuda, 423 F.2d 757 (3d Cir. 1970).published
- United States v. Roberto Alfredo Davila, 429 F.2d 481 (5th Cir. 1970).published
- United States v. James Rockwell Eades, 430 F.2d 1300 (4th Cir. 1970).published
- United States v. John Wesley Brown, 456 F.2d 983 (5th Cir. 1972).published
- Leroy B. Eldridge v. Curtis Tarr, Dir., Selective Serv. Sys., & Local Bd. No. 47, Alameda Cnty., California, 462 F.2d 1009 (9th Cir. 1972).published
- 37 Fair empl.prac.cas. 1456, 37 Empl. Prac. Dec. P 35,271 Anthony J. Graczyk v. United Steelworkers of Am., John Howard, Peter Calacci, & Harold Picard v. United Steelworkers of Am., 763 F.2d 256 (7th Cir. 1985).published
- Robbins v. Chipman Trucking Inc., 693 F. Supp. 628 (N.D. Ill. 1986).published
- Graczyk v. United Steelworkers of Am., 763 F.2d 256 (7th Cir. 1985).published
At page 198 Distinguishing discretionary from non-discretionary administrative issues8 citing casesdeclining to apply waiver doctrine in the circumstances of the case before it
- Woodford v. Ngo, 548 U.S. 81 (2006).published
- United States of Am. Ex Rel. Melvin Sanders 75551-158 v. Floyd E. Arnold, Warden, 535 F.2d 848 (3d Cir. 1976).published
- United States v. Ernest Stephen Brown, 438 F.2d 1115 (9th Cir. 1971).published
- Murphy v. Adm'r of the Div of Pers. Admin., 386 N.E.2d 211 (Mass. 1979).published
- Murphy v. Adm'r of the Div. of Pers. Admin., 386 N.E.2d 211 (Mass. 1979).published
- United States v. Griffin, 324 F. Supp. 545 (E.D. Pa. 1971).published
- United States v. Cassidy, 337 F. Supp. 473 (E.D. Wis. 1972).published
- Heider v. United States, 521 F. Supp. 422 (M.D. Fla. 1981).published
At page 192 Weighing multiple congressional purposes for exemption4 citing casesweighing the multiple purposes Congress had in mind when it enacted a selective 25 service provision, rather than finding one purpose to be crucial
- United States v. M/V Santa Clara I, 819 F. Supp. 507 (D.S.C. 1993).published
- Yamaha Motor Corp. v. Superior Court, 195 Cal. App. 3d 652 (Cal. Ct. App. 1987).published
- United States v. Lane Labs-Usa Inc, a Corp. Andrew J. Lane, an Individual, 427 F.3d 219 (3d Cir. 2005).published
- Moore-McCormack Lines, Inc. v. States, 188 Ct. Cl. 644 (Ct. Cl. 1969).published
At page 196 Determining when judicial review of induction is possible5 citing casesreport for induction. The next, and last, step is to report to the induction center and submit to induction. At this point, the administrative process is at an…
- United States v. Roberto Alfredo Davila, 429 F.2d 481 (5th Cir. 1970).published
- United States of Am., — v. Jose Mendez-morales, —, 384 F.3d 927 (8th Cir. 2004).published
- Christian v. New York State Dep't of Labor, 414 U.S. 614 (1974).published
- United States v. Mendoza-Lopez, 481 U.S. 828 (1987).published
The doctrine of exhaustion of administrative remedies is well established in the jurisprudence of administrative law .... The doctrine provides 'that no one is entitled to judicial relief for a supposed or threatened injury until the prescribed administrative remedy has been exhausted.'
- James Biear v. Attorney Gen. United State, 905 F.3d 151 (3d Cir. 2018).published (The doctrine of exhaustion of administrative remedies is well established in the jurisprudence of administrative law .... The doctrine provides 'that no one is entitled to judicial relief for a supposed or threatened i…)
- Begay v. Pub. Serv. Co. of NM, 710 F. Supp. 2d 1161 (D.N.M. 2010).published (The doctrine [of exhaustion of remedies] provides ‘that no one is entitled to judicial relief for a supposed or threatened injury until the prescribed administrative remedy has been exhausted.’)
- Rozenblat v. Kappos, 345 F. App'x 601 (Fed. Cir. 2009).unpublished (The doctrine [of exhaustion of administrative remedies] provides ‘that no one is entitled to judicial relief for a supposed or threatened injury until the prescribed administrative remedy has been exhausted.’)
At page 187 Examining failure to exhaust administrative remedies5 citing casesArmed Forces of the United States.[1] At trial, petitioner's only defense was that he should have been exempt from military service because he was the "sole…
- United States of Am., — v. Jose Mendez-morales, —, 384 F.3d 927 (8th Cir. 2004).published
- Mobil Oil Corp. v. Dep't of Energy, 520 F. Supp. 420 (N.D.N.Y. 1981).published
- Oglala Sioux Tribe of Pine Ridge Indian Reservation v. Hallett, 540 F. Supp. 503 (D.S.D. 1982).published
89 S. Ct. at 1657 cited at this page3 citing cases
- United States ex rel. Brooks v. Clifford, 412 F.2d 1137 (4th Cir. 1969).published
- Niagara Mohawk Power Corp. v. Megan Racine Assocs., Inc. (In Re Megan-Racine Assocs., Inc.), 180 B.R. 375 (Bankr. N.D.N.Y. 1995).published
The doctrine of exhaustion of administrative remedies ... is, like most judicial doctrines, subject to numerous exceptions
- Florida Home Med. Supply, Inc. v. United States, 131 Fed. Cl. 170 (Fed. Cl. 2017).published (The doctrine of exhaustion of administrative remedies ... is, like most judicial doctrines, subject to numerous exceptions)
- Ross v. Blake, 578 U.S. 632 (2016).published (The doctrine of exhaustion of administrative remedies ... is, like most judicial doctrines, subject to numerous exceptions)
At page 201 “[None] of the ... cases decided by this Court ... stand for the proposition that the exhaustion doctrine must be applied blindly in every case.”2 citing cases
- Rocky Mountain Oil & Gas Ass'n v. James G. Watt, 696 F.2d 734 (10th Cir. 1983).published“[None] of the ... cases decided by this Court ... stand for the proposition that the exhaustion doctrine must be applied blindly in every case.”
- Rocky Mountain Oil & Gas Ass'n v. Watt, 696 F.2d 734 (10th Cir. 1982).published“[None] of the ... cases decided by this Court ... stand for the proposition that the exhaustion doctrine must be applied blindly in every case.”
At page 199 “Since judicial review would not be significantly aided by an additional administrative decision of this sort, we cannot see any compelling reason why petitioner’s failure to appeal should bar his only defense to a criminal prosecution.”1 citing case
- Calhoun v. USDA Farm Serv. Agency, 920 F. Supp. 696 (N.D. Miss. 1996).published “Since judicial review would not be significantly aided by an additional administrative decision of this sort, we cannot see any compelling reason why petitioner’s failure to appeal should bar his only defense to a crim…”
At page 204 exemption is as clear as the one in Oestereich. The "sole surviving" son of a family whose father had been killed in action is exempt and there can hardly be…2 citing cases
- United States ex rel. Brooks v. Clifford, 412 F.2d 1137 (4th Cir. 1969).published
At page 207 Since judicial review would not be significantly aided by an additional administrative decision of this sort, we cannot see any compelling reason why petitioner’s failure to appeal should bar his only defense to a criminal prosecution.1 citing case
- Calhoun v. USDA Farm Serv. Agency, 920 F. Supp. 696 (N.D. Miss. 1996).published (Since judicial review would not be significantly aided by an additional administrative decision of this sort, we cannot see any compelling reason why petitioner’s failure to appeal should bar his only defense to a crim…)
“frequent and deliberate flouting of administrative processes could weaken” an agency’s effectiveness “by encouraging” disregard of “its procedures.”
- Volvo GM Heavy Truck Corp. v. United States Dep't of Labor, 118 F.3d 205 (4th Cir. 1997).published“frequent and deliberate flouting of administrative processes could weaken” an agency’s effectiveness “by encouraging” disregard of “its procedures.”
- 74 Fair empl.prac.cas. (Bna) 399, 71 Empl. Prac. Dec. P 44,839 Volvo Gm Heavy Truck Corp. v. United States Dep't of Labor Robert B. Reich, Sec'y of Labor Shirley Wilcher, Deputy Assistant Sec'y for Fed. Contract Compliance Programs, 118 F.3d 205 (4th Cir. 1997).published“frequent and deliberate flouting of administrative processes could weaken" an agency's effectiveness "by encouraging" disregard of "its procedures.”
Other citing cases
- United States v. Suquet, 551 F. Supp. 1194 (N.D. Ill. 1982).published
- United States v. Layne Ronald Rabe, 466 F.2d 783 (7th Cir. 1972).published
- United States v. Estevan Hernandez, Jr., 453 F.2d 297 (5th Cir. 1972).published
- Clarence BROWN, Plaintiff-Appellant, v. Gen. Servs. Admin. Et Al., Defendants-Appellees, 507 F.2d 1300 (2d Cir. 1974).published
- Khine v. U.S. Dep't of Homeland Sec., 334 F. Supp. 3d 324 (D.C. Cir. 2018).published
- Temple v. Cleve Her Many Horses, 163 F. Supp. 3d 602 (D.S.D. 2016).published
- Bridgestone Americas, Inc. v. United States, 710 F. Supp. 2d 1359 (Ct. Intl. Trade 2010).published
v.
UNITED STATES
Lead Opinion
delivered the opinion of the Court.
Petitioner was indicted for willfully and knowingly failing to report for and submit to induction into the[*187] Armed Forces of the United States.[1] At trial, petitioner’s only defense was that he should have been exempt from military service because he was the “sole surviving son” of a family whose father had been killed in action while serving in the Armed Forces of the United States.[2] The District Court held that he could not raise that defense because he had failed to exhaust the administrative remedies provided by the Selective Service System. Accordingly, petitioner was convicted and sentenced to three years’ imprisonment. The Court of Appeals affirmed, with one judge dissenting. United States v. McKart, 395 F. 2d 906 (C. A. 6th Cir. 1968). We granted certiorari. 393 U. S. 922 (1968).
I.
The facts are not in dispute. Petitioner registered with his local Selective Service board shortly after his 18th birthday and thereafter completed his classification[*188] questionnaire. On that form he indicated that he was "the sole surviving son of a family of which one or more sons or daughters were killed in action . . . while serving in the Armed Forces of the United States . . . .” On February 25, 1963, petitioner's local board placed him in Class I-A, available for military service; he made no attempt to appeal that classification.[3]
On March 23, 1964, he was ordered to report for a pre-induction physical, but failed to do so. He was declared a delinquent and ordered to report for induction on May 11, 1964. He failed to report, but instead wrote a letter to his local board indicating that his moral beliefs prevented him from cooperating with the Selective Service System. The local board replied by sending petitioner the form for claiming conscientious objector status. The board also referred to petitioner's indication in his original questionnaire that he was a sole surviving son and requested further information on that subject.
On May 20, 1964, petitioner returned the blank form, stating that he did not wish to be a conscientious objector. In response to the board's request for information about his claim to be a sole surviving son, petitioner indicated that his father had been killed in World War II. The local board, after consulting the State Director, again wrote petitioner requesting more information about his father. Petitioner supplied some of the information. The local board forwarded this information to the State[*189] Director, who requested the local board to reopen petitioner’s classification.[4] The board canceled his induction order and reclassified him IV-A, the appropriate classification for a registrant exempted as a sole surviving son. Petitioner remained in that classification until February 14, 1966.
Early in 1966, the local board learned of the death of petitioner’s mother. After checking with the State Director, the board returned petitioner to Class I-A. The board rested this decision on the theory that a IV-A classification became improper when petitioner’s “family unit” ceased to exist on the death of his mother. Petitioner was ordered to report for a pre-induction physical. He failed to report and was declared a delinquent and ordered to report for induction. He again failed to report and, after further investigation, his criminal prosecution followed.[5]
II.
We think it clear that petitioner was exempt from military service as a sole surviving son. The sole surviving son exemption originated in the Selective Service Act of 1948, c. 625, § 6 (o), 62 Stat. 613. As originally enacted, that section provided exemption for the sole surviving son only “[w]here one or more sons or daughters of a family were killed in action . . . while[*190] serving in the armed forces of the United States.” In 1964, the section was amended to extend the exemption to sole surviving sons whose fathers were killed in action. 78 Stat. 296. The section now reads in relevant part as follows:
“[W]here the father or one or more sons or daughters of a family were killed in action or died in line of duty while serving in the Armed Forces . . . the sole surviving son of such family shall not be inducted for service . . ..” 50 U. S. C. App. § 456 (o).
There is no question that petitioner was entitled to an exemption before the death of his mother. The issue is whether her death, and the end of the immediate “family unit,” ended that exemption.
We have found no cases discussing this aspect of § 6 (o).[6] The applicable Selective Service System Regulation, 32 CFR § 1622.40 (a) (10) (1969), merely repeats the language of the statute. The System’s administrative interpretations have not been uniform,[7] although in the present case the National Director took the position that “inasmuch as there is no family, it is not believed that [petitioner] would qualify for sole surviving son status.” We must, therefore, decide what is essentially a question of first impression. Our examination of the language and legislative history of § 6 (o) indicates that the Selective Service System’s interpretation fails to effectuate fully the purposes Congress had in mind in providing the exemption.
[*191] The language of the statute provides only three conditions, two explicit and one implicit, upon which the exemption should terminate. The registrant may volunteer for service, a national emergency or war may be declared, or, implicitly, the registrant may cease to be the sole surviving son by the birth of a brother. The section says nothing about the continuing existence of a family unit, even though other provisions of the Selective Service laws make similar conditions explicit in other contexts.[8]
The argument for conditioning the exemption upon the continued existence of a family unit is based not upon the language or structure of the statute but upon certain references in the legislative history. These comments indicate that one purpose of the exemption was to provide ‘'solace and consolation” to the remaining family members by guaranteeing the presence of the sole surviving son. See S. Rep. No. 1119, 88th Cong., 2d Sess., 3 (1964); Hearings before Subcommittee No. 1 of the House Committee on Armed Services on H. R. 2664, 88th Cong., 1st Sess., 3442-3443 (1963). When there is no one left to comfort, it is argued, the sole surviving son may be drafted. However, our examination of the sparse legislative history discloses that Congress[*192] had not one but several purposes in mind in providing the exemption, only some of which depend upon the existence of a family unit.
Perhaps chief among these other purposes was a desire to avoid extinguishing the male line of a family through the death in action of the only surviving son. See S. Rep. No. 1119, supra; Hearing before the Senate Committee on Armed Services on H. R. 2664, 88th Cong., 1st Sess., 30-31 (1963); 110 Cong. Rec. 15218 (1964) (remarks of Senator Keating). Other purposes mentioned were providing financial support for the remaining family members, fairness to the registrant who has lost his father in the service of his country, and the feeling that there is, under normal circumstances, a limit to the sacrifice that one family must make in the service of the country. See Hearing before the Senate Committee on Armed Services on H. R. 2664, supra, at 30-31; Hearings before Subcommittee No. 1 of the House Committee on Armed Services on H. R. 2664, supra, at 3442-3443; 109 Cong. Rec. 24889 (1963).
Perhaps the most that can be said in these circumstances is that Congress had multiple purposes in mind in providing an exemption for a sole surviving son. Depriving petitioner of an exemption might not frustrate one of these purposes, but it certainly would frustrate several of the others. Therefore, given the beneficent basis for § 6 (o), we cannot believe that Congress intended to make one factor, the existence of a “family unit,” crucial. Accordingly, the death of petitioner’s mother did not operate to deprive him of his right to be exempt from military service. The local board erred in classifying petitioner I-A and ordering him to report for induction.
III.
The Government maintains, however, that petitioner cannot raise the invalidity of his I-A classification and[*193] subsequent induction order as a defense to a criminal prosecution for refusal to report for induction. According to the Government, petitioner’s failure to appeal his reclassification after the death of his mother constitutes a failure to exhaust available administrative remedies and therefore should bar all judicial review. For the reasons set out below, we cannot agree.
The doctrine of exhaustion of administrative remedies is well established in the jurisprudence of administrative law. See generally 3 K. Davis, Administrative Law Treatise § 20.01 et seq. (1958 ed., 1965 Supp.); L. Jaffe, Judicial Control of Administrative Action 424-458 (1965). The doctrine provides “that no one is entitled to judicial relief for a supposed or threatened injury until the prescribed administrative remedy has been exhausted.” Myers v. Bethlehem Shipbuilding Corp., 303 U. S. 41, 50-51 (1938). The doctrine is applied in a number of different situations and is, like most judicial doctrines, subject to numerous exceptions.[9] Application of the. doctrine to specific cases requires an understanding of its purposes and of the particular administrative scheme involved.
Perhaps the most common application of the exhaustion doctrine is in cases where the relevant statute provides that certain administrative procedures shall be exclusive. See Myers v. Bethlehem Shipbuilding Corp., 303 U. S. 41 (1938) (National Labor Relations Act). The reasons for making such procedures exclusive, and for the judicial application of the exhaustion doctrine in cases where the statutory requirement of exclusivity is not so explicit, are not difficult to understand. A primary purpose is, of course, the avoidance of premature interruption of the administrative process. The agency, like[*194] a trial court, is created for the purpose of applying a statute in the first instance. Accordingly, it is normally desirable to let the agency develop the necessary factual background upon which decisions should be based. And since agency decisions are frequently of a discretionary nature or frequently require expertise, the agency should be given the first chance to exercise that discretion or to apply that expertise. And of course it is generally more efficient for the administrative process to go forward without interruption than it is to permit the parties to seek aid from the courts at various intermediate stages. The very same reasons lie behind judicial rules sharply limiting interlocutory appeals.
Closely related to the above reasons is a notion peculiar to administrative law. The administrative agency is created as a separate entity and invested with certain powers and duties. The courts ordinarily should not interfere with an agency until it has completed its action, or else has clearly exceeded its jurisdiction. As Professor Jaffe puts it, “[t]he exhaustion doctrine is, therefore, an expression of executive and administrative autonomy.” [10] This reason is particularly pertinent where the function of the agency and the particular decision sought to be reviewed involve exercise of discretionary powers granted the agency by Congress, or require application of special expertise.
Some of these reasons apply equally to cases like the present one, where the administrative process is at an end and a party seeks judicial review of a decision that was not appealed through the administrative process. Particularly, judicial review may be hindered by the failure of the litigant to allow the agency to make a factual record, or to exercise its discretion or apply its expertise. In addition, other justifications for requiring exhaustion in cases of this sort have nothing to do with the dangers[*195] of interruption of the administrative process. Certain very practical notions of judicial efficiency come into play as well. A complaining party may be successful in vindicating his rights in the administrative process. If he is required to pursue his administrative remedies, the courts may never have to intervene. And notions of administrative autonomy require that the agency be given a chance to discover and correct its own errors. Finally, it is possible that frequent and deliberate flouting of administrative processes could weaken the effectiveness of an agency by encouraging people to ignore its procedures.
In Selective Service cases, the exhaustion doctrine must be tailored to fit the peculiarities of the administrative system Congress has created. At the heart of the Selective Service System are the local boards, which are charged in the first instance with registering and classifying those subject to the Selective Service laws. 32 CFR § 1613.1 et seq., §§ 1621.1-1623.10 (1969). Upon being classified by the local board, the registrant has a right of appeal to a state appeal board, 32 CFR § 1626.2 (1969), and, in some instances, to the President, 32 CFR § 1627.3 (1969). No registrant is required to appeal.[11] A registrant cannot be ordered to report for induction while his classification is being considered by the local board or by an appeal board. 32 CFR §§ 1624.3,1625.14, 1626.41, 1627.8 (1969).
At some stage during this process, normally shortly before he is expected to be ordered to report for induction, see 32 CFR § 1628.11 (1969), the registrant is required to complete a pre-induction physical examination. If he passes this examination, he ordinarily will be ordered to[*196] report for induction. The next, and last, step is to report to the induction center and submit to induction. At this point, the administrative process is at an end.
If the registrant fails to report for induction, he is, like petitioner in the present case, subject to criminal prosecution. Although the Universal Military Training and Service Act, as it stood at the time of petitioner’s trial, provided that the decisions of the local boards were “final,” it was long ago established that a registrant charged with failure to report can raise the defense that there was “no basis in fact” for his classification. See Estep v. United States, 327 U. S. 114, 123 (1946). It is also established that there can be no judicial review at all, with some exceptions, until the registrant has refused to submit to induction and is prosecuted, or else has submitted to induction and seeks release by habeas corpus.[12]
This case raises a different question. We are not here faced with a premature resort to the courts — all admin[*197] istrative remedies are now closed to petitioner. We are asked instead to hold that petitioner’s failure to utilize a particular administrative process — an appeal — bars him from defending a criminal prosecution on grounds which could have been raised on that appeal. We cannot agree that application of the exhaustion doctrine would be proper in the circumstances of the present case.
First of all, it is well to remember that use of the exhaustion doctrine in criminal cases can be exceedingly harsh. The defendant is often stripped of his only defense; he must go to jail without having any judicial review of an assertedly invalid order. This deprivation of judicial review occurs not when the affected person is affirmatively asking for assistance from the courts but when the Government is attempting to impose criminal sanctions on him. Such a result should not be tolerated unless the interests underlying the exhaustion rule clearly outweigh the severe burden imposed upon the registrant if he is denied judicial review.[13] The statute as it stood when petitioner was reclassified said nothing which would require registrants to raise all their claims before the appeal boards.[14] We must ask, then, whether there is in this case a governmental interest compelling enough to outweigh the severe burden placed on petitioner. Even if there is no such compelling interest when petitioner’s case is viewed in isolation, we must also ask whether allowing all similarly situated registrants to bypass administrative appeal procedures would seriously impair the Selective Service System’s ability to perform its functions.
The question of whether petitioner is entitled to exemption as a sole surviving son is, as we have seen, solely[*198] one of statutory interpretation. The resolution of that issue does not require any particular expertise on the part of the appeal board; the proper interpretation is certainly not a matter of discretion.[15] In this sense, the issue is different from many Selective Service classification questions which do involve expertise or the exercise of discretion, both by the local boards and the appeal boards.[16] Petitioner’s failure to take his claim through all available administrative appeals only deprived the Selective Service System of the opportunity of having[*199] its appellate boards resolve a question of statutory interpretation. Since judicial review would not be significantly aided by an additional administrative decision of this sort, we cannot see any compelling reason why petitioner’s failure to appeal should bar his only defense to a criminal prosecution.[17] There is simply no overwhelming need for the court to have the agency finally resolve this question in the first instance, at least not where the administrative process is at an end and the registrant is faced with criminal prosecution.[18]
We are thus left with the Government’s argument that failure to require exhaustion in the present case will induce registrants to bypass available administrative remedies. The Government fears an increase in litigation and a consequent danger of thwarting the primary function of the Selective Service System, the rapid mobilization of manpower. This argument is based upon the proposition that the Selective Service System will, through its own processes, correct most errors and thus avoid much litigation. The exhaustion doctrine is assert-edly necessary to compel resort to these processes. The Government also speculates that many more registrants will risk criminal prosecution if their claims need not carry into court the stigma of denial not only by their local boards, but also by at least one appeal board.
We do not, however, take such a dire view of the likely consequences of today’s decision. At the outset, we[*200] doubt whether many registrants will be foolhardy enough to deny the Selective Service System the opportunity to correct its own errors by taking their chances with a criminal prosecution and a possibility of five years in jail. The very presence of the criminal sanction is sufficient to ensure that the great majority of registrants will exhaust all administrative remedies before deciding whether or not to continue the challenge to their classifications. And, today’s holding does not apply to every registrant who fails to take advantage of the administrative remedies provided by the Selective Service System. For, as we have said, many classifications require exercise of discretion or application of expertise; in these cases, it may be proper to require a registrant to carry his case through the administrative process before he comes into court. Moreover, we are not convinced that many in this rather small class of registrants will bypass the Selective Service System with the thought that their ultimate chances of success in the courts are enhanced thereby. In short, we simply do not. think that the exhaustion doctrine contributes significantly to the fairly low number of registrants who decide to subject themselves to criminal prosecution for failure to submit to induction. Accordingly, in the present case, where there appears no significant interest to be served in having the System decide the issue before it reaches the courts, we do not believe that petitioner’s failure to appeal his classification should foreclose all judicial review.
We do not view the cases of Falbo v. United States, 320 U. S. 549 (1944), and Estep v. United States, 327 U. S. 114 (1946), insofar as they concern the exhaustion doctrine, as a bar to today’s holding. Neither those two cases, nor any of the other cases decided by this Court,[19] [*201] stand for the proposition that the; exhaustion doctrine must be applied blindly in every case. Indeed, those cases all involved ministerial or conscientious objector claims, claims that may well have to be pursued through the administrative procedures provided by the Selective Service laws.[20]
IV.
Finally, we are faced with the argument that petitioner’s challenge to the validity of his classification is barred by his failure to report for and pass his pre-induction physical, thus giving the System one last chance to reject him. The Government points to the fact that large numbers of registrants are rejected for physical and mental reasons, and asserts that many criminal trials would be rendered unnecessary if registrants were required to report for a physical before being allowed to challenge their classifications.
We think there are several answers to this argument. First, as we said above, we doubt very much whether very many registrants would pass up the chance to escape service by reason of physical or mental defects and leap immediately at the chance to defend a criminal prosecution. But more importantly, a registrant is under a duty to comply with the order to report for a physical examination [21] and may be criminally prosecuted for failure to comply.[22] If the Government deems it important enough to the smooth functioning of the System to have unfit, registrants weeded out at the earliest possible moment, it can enforce the duty to report for pre-induction examinations by criminal sanctions. In the present case, it has not chosen to do so. Petitioner has not been prosecuted for failure to report for his examination; he has been prosecuted for failure to report for induction, a duty[*202] he claims he did not have. Therefore, we hold that petitioner’s failure to report for his examination should not bar him from challenging the validity of his classification as a defense to his criminal prosecution.
We do not regard Falbo v. United States, supra, as a bar to this holding. Falbo involved an attempt to raise the invalidity of a registrant’s classification as a defense to a criminal prosecution for failure to report to a civilian work camp. The Court noted that the defendant had not reported to the work camp and thus had not given the Selective Service System the opportunity to reject him for physical or mental reasons. According to the Court, the “narrow question . . . presented . . . [was] whether Congress has authorized judicial review of the propriety of a board’s classification in a criminal prosecution for wilful violation of an order directing a registrant to report for the last step in the selective process.” 320 U. S., at 554. The Court held that Congress had not authorized such review.
Falbo was limited by Estep v. United States, supra, which held that a registrant could secure limited judicial review of his classification in a criminal prosecution for failure to report if he had pursued his administrative remedies to an end. In Estep, the registrant had reported, had been accepted for induction, but had refused to be inducted.
The holding of the Court in Falbo was based in part on a fear of litigious interruption of the Selective Service System. We have dealt with that problem in other cases. See Clark v. Gabriel, 393 U. S. 256 (1968); Oestereich v. Selective Service Board, 393 U. S. 233 (1968). It is not presented here. As noted above, the administrative process in this case is at an end.
Finally, the Court in Falbo was concerned with the possibility that a registrant might be rejected for physical or mental reasons, thus making a criminal prosecution[*203] unnecessary. But, as we have seen, the Selective Service System has ample means to ensure that the great majority of registrants will report for their pre-induction examinations. At the time Falbo was decided the regulations provided that the pre-induction examination was to be given at the time the registrant responded to the order to report for induction or to the work camp. See Gibson v. United States, 329 U. S. 338 (1946). Accordingly, the Selective Service System had no way to enforce the duty to report for an examination other than by a prosecution for failure to report for induction. An invalid classification, if allowed to be raised, would have been a complete defense to that prosecution; it would not be a defense today to a prosecution for failure to report for a pre-induction examination.
We hold that petitioner’s failure to appeal his classification and failure to report for his pre-induction physical do not bar a challenge to the validity of his classification as a defense to his criminal prosecution for refusal to submit to induction. We also hold that petitioner was entitled to exemption from military service as a sole surviving son. Accordingly, we reverse the judgment of the court below and remand the case for entry of a judgment of acquittal. T, . , , J ° It is so ordered.
“Any . . . person . . . who in any manner shall knowingly fail or neglect or refuse to perform any duty required of him under or in the execution of this title ... , or rules, regulations, or directions made pursuant to this title . . . shall, upon conviction in any district court of the United States of competent jurisdiction, be punished by imprisonment for not more than five years or a fine of not more than $10,000, or by both such fine and imprisonment . . . Selective Service Act of 1948, § 12, 62 Stat. 622, as amended, now § 12 of the Military Selective Service Act of 1967 (see 81 Stat. 100, §1 (a)), 50 U. S. C. App. §462 (1964 ed., Supp. III).
“Except during the period of a war or a national emergency declared by the Congress after the date of the enactment of the 1964 amendment to this subsection [July 7, 1964], where the father or one or more sons or daughters of a family were killed in action or died in fine of duty while serving in the Armed Forces of the United States, or subsequently died as a result of injuries received or disease incurred during such service, the sole surviving son of such family shall not be inducted for service under the terms of this title . . . unless he volunteers for induction.” Selective Service Act of 1948, §6 (o), 62 Stat. 613, as amended, 50 U. S. C. App. §456 (o).
A registrant has the right to appear before his local board to contest his classification or to present new information to the board. 32 CFR §§ 1624.1, 1624.2 (1969). The board then determines whether or not to reconsider the registrant’s classification. 32 CFR §§ 1624.2 (c), (d) (1969). Following the local board's decision, the registrant has the right to appeal to the state appeal board. 32 CFR §§ 1624.2 (e), 1625.13 (1969). A further appeal may be taken by the registrant to the National Selective Service Appeal Board only if one or more members of the state appeal board dissent from the board’s decision. 32 CFR §1627.3 (1969).
The Selective Service System Regulations require the local board to reopen a registrant’s classification upon the written request of the State or National Director. 32 CFR §1625.3 (a) (1969).
After petitioner failed to report for induction the second time, the State Director confirmed that petitioner’s father had been killed in action and then requested advice of the National Director. The latter replied that “inasmuch as there is no family, it is not believed that [petitioner] would qualify for sole surviving son status.” This information was then communicated to the local board and the case referred to the local United States Attorney. Petitioner’s indictment followed.
Cf. Pickens v. Cox, 282 F. 2d 784 (C. A. 10th Cir. 1960).
Shortly after the 1964 amendment, the Selective Service System took the position that a sole surviving son exemption would not be affected by any change in the status of the family, other than the birth of a full brother. Selective Service System Operations Bulletin No. 263 (August 14, 1964). That position was later rescinded and the System has issued no further instructions concerning § 6(o).
Section 6 (h) of the Military Selective Service Act of 1967, 81 Stat. 102, authorizes the President to provide for the deferment of “persons who have children, or wives and children, with whom they maintain a bona fide family relationship in their homes.” Section 6 (h) of the Selective Service Act of 1948, 62 Stat. 611, was to the same general effect.
Had Congress wished to condition the exemption on the existence of a family unit, it would also seem logical for it to have defined that “family unit.” For example, the trial in the present case disclosed that both of petitioner’s maternal grandparents and his paternal grandmother were still living. Nothing in the statute indicates whether these relatives should be considered part of the “family.”
See, e. g., Layton & Fine, The Draft and Exhaustion of Administrative Remedies, 56 Geo. L. J. 315, 322-331 (1967).
L. Jaffe, Judicial Control of Administrative Action 425 (1965).
The Notice of Classification form, SSS Form 110, informs the registrant of his right to appeal, but does not inform him that failure to appeal may bar a subsequent challenge to the validity of his classification.
These judicially created doctrines were recently enacted as § 10 (b) (3) of the Military Selective Service Act of 1967, 81 Stat. 104. Section 10 (b) (3) provides in pertinent part:
“No judicial review shall be made of the classification or processing of any registrant by local boards, appeal boards, or the President, except as a defense to a criminal prosecution . . . after the registrant has responded either affirmatively or negatively to an order to report for induction .... Provided, That such review shall go to the question of the jurisdiction herein reserved to local boards, appeal boards, and the President only when there is no basis in. fact for the classification assigned to such registrant.” 50 U. S. C. App. §460 (b)(3) (1964 ed., Supp. III).
We have recently had occasion to interpret this section in the context of pre-induction challenges to classifications. See Clark v. Gabriel, 393 U. S. 256 (1968); Oestereich v. Selective Service Board, 393 U. S. 233 (1968). We have granted certiorari in Breen v. Selective Service Board, No. 1144, cert. granted, 394 U. S. 997, to consider the applicability of § 10 (b) (3) to pre-induction challenges to allegedly “punitive” reclassifications.
See Yakus v. United States, 321 U. S. 414 (1944).
The 1967 amendment, see n. 12, supra, makes no reference to exhaustion of administrative remedies as a prerequisite to challenging the validity of a classification as a defense to a criminal prosecution for refusal to submit to induction. The legislative history of that[*198] amendment indicates that Congress was concerned with certain judicial decisions allowing pre-induction review of selective service classifications and the possibility that such “litigious interruption” might seriously affect the administration of the Selective Service System. See Oestereich v. Selective Service Board, 393 U. S. 233, 245-252 (1968) (dissenting opinion).
Of course, it is necessary that the local board, which has the responsibility of classifying registrants in the first instance, be given the information necessary to perform its function. However, the present case does not present an instance where a registrant is trying to challenge a classification on the basis of facts not presented to the local board. In such a case, the smooth functioning of the system may well require that challenges to classifications based upon facts not properly presented to the board be barred. In the case before us, the board was aware of the relevant facts when it made its decision to reclassify petitioner I-A; no further factual inquiry would have been at all useful.
Conscientious objector claims, Military Selective Service Act of 1967, §6 (j), 81 Stat. 104, 50 U. S. C. App. §456 (j) (1964 ed., Supp. Ill), or deferments for those engaged in activities deemed “necessary to the maintenance of the national health, safety, or interest,” id., § 6 (h) (2), 81 Stat. 102, 50 U. S. C. App. § 456 (h) (2) (1964 ed., Supp. Ill), would appear to be examples of questions requiring the application of expertise or the exercise of discretion. In such cases, the Selective Service System and the courts may have a stronger interest in having the question decided in the first instance by the local board and then by the appeal board, which considers the question anew. 32 CFR, § 1626.26. The Selective Service System is empowered by Congress to make such discretionary determinations and only the local and appeal boards have the necessary expertise. See Thompson v. United States, 380 F. 2d 86 (C. A. 10th Cir. 1967).
As noted above, the Selective Service System is not without power to correct its own errors without the intervention of the registrant. See nn. 4 and 5, supra.
It is true that w*e recently made specific reference to the exhaustion doctrine in Oestereich v. Selective Service Board, 393 U. S. 233, 235-236, n. 5 (1968), a case where all administrative appeals had been exhausted. However, that case involved an attempt to challenge the validity of a classification before receipt of a notice of induction. A registrant’s failure to appeal may have different implications if raised in a suit for pre-induction review.
See Billings v. Truesdell, 321 U. S. 542, 558 (1944); Gibson v. United States, 329 U. S. 338, 349-350 (1946); Sunal v. Large, 332 U. S. 174, 176 (1947); Cox v. United States, 332 U. S. 442, 445, 448 (1947).
See n. 16, supra.
See 32 CFR §§ 1628.10, 1628.11 (1969).
See n. 1, supra.
Concurrence
concurring.
The principle of Oestereich v. Selective Service Board, 393 U. S. 233, should dispose of this case. There a registrant was plainly entitled to a statutory exemption from service because he was a divinity student. Yet he was denied the exemption because, having burned his draft card, he was classified as a “delinquent” by Selective Service. He challenged that action in a civil suit for pre-induction review; and we granted relief.
This is not a suit for pre-induction review, but a defense tendered in a criminal prosecution. This statutory[*204] exemption is as clear as the one in Oestereich. The “sole surviving” son of a family whose father had been killed in action is exempt and there can hardly be any argument that petitioner is such a “son” though both his father and mother are dead. He is indeed the last male heir of the line and therefore one who Congress charitably decided should not be exposed to the chance of death in warfare.
If Oestereich could raise his claim to statutory exemption in a civil suit at a pre-induction stage, it follows a fortiori that petitioner can do so in a criminal prosecution for failure to obey the Act’s mandate.
The truth of the matter is that it was the Selective Service Board that acted in a “lawless” manner;* and when its error is so egregious, it would be a travesty of justice to require a registrant — whether or not sophisticated — to pursue the administrative remedies that are designed for quite different categories of cases.
While questions of law are usually routed through the available administrative machinery (see Udall v. Tallman, 380 U. S. 1, 16), that principle evolved under regulatory schemes where agencies had general oversight and supervision over companies or other groups of individuals. See Myers v. Bethlehem Shipbuilding Corp., 303 U. S. 41, 51. Arguably, these Selective Service boards have no claim to that kind of expertise. But assuming that they do, the present “legal” question is too transparent to be dignified in that manner.
Concurrence
concurring in the result.
The Court’s opinion, as I understand it, does not dispense with the necessity of presenting an issue under the draft laws to the registrant’s local board for consideration in the first instance. Petitioner did exactly this, and by its decision, the Court provides no avenue for totally bypassing the Selective Service System and using the courts as an alternative to the local draft boards. Any decision to the contrary would be inconsistent with the well-established principle that the responsible admin[*205] istrative agency must be given “an opportunity to consider the matter, make its ruling, and state the reasons for its action.” Unemployment Compensation Commission of Alaska v. Aragon, 329 U. S. 143, 155 (1946). See generally 3 K. Davis, Administrative Law Treatise §20.06 (1958). But presentation of the issue to the agency for consideration in the first instance does not complete the litigant’s task under the exhaustion doctrine if he would seek resolution of that same issue in the courts. On the contrary, he must resort to appellate remedies available within the agency, and only after those remedies have been exhausted can he turn to the courts for review. See, e. g., United States v. Sing Tuck, 194 U. S. 161 (1904); Chicago, M., St. P. & P. R. Co. v. Risty, 276 U. S. 567, 575 (1928).
It is petitioner’s failure to exhaust appellate remedies available within the Selective Service System which presents the obstacle to the challenge of his classification in the courts. And while this facet of the exhaustion doctrine, like its other facets, admits of exceptions when special circumstances warrant, see, e. g., Donato v. United States, 302 F. 2d 468 (C. A. 9th Cir. 1962), I cannot agree with the Court’s apparent conclusion that petitioner’s failure to exhaust appellate remedies within the System can be disregarded on the broader ground that only a question of law is involved. Questions of law have not, in the past, been thought to be immune from exhaustion requirements. See, e. g., Myers v. Bethlehem Shipbuilding Corp., 303 U. S. 41 (1938). Indeed, this Court has often emphasized that the expertise of the responsible agency is entitled to great deference in matters of statutory construction,[1] see, e. g., Udall v. Tallman, [*206] 380 U. S. 1, 16 (1965), thus refuting any contention that questions of law are somehow beyond the expertise of the agency and do not give rise to the considerations which underlie the exhaustion doctrine.
Although I would stop far short of the broad strokes used by the Court in this respect, I do agree that petitioner’s failure to exhaust appellate remedies does not bar review of his classification on the facts of this case. Undoubtedly, Congress could require such exhaustion as a prerequisite to judicial review, see, e. g., Yakus v. United States, 321 U. S. 414 (1944), but Congress has not chosen to do so.[2] In the absence of any such requirement, I do[*207] not think review of petitioner’s classification is an impermissible encroachment upon the bailiwick of the Selective Service System. We are not faced with a situation in which consideration of the issue involved has stopped at the first level of the administrative machinery. Rather, petitioner’s case and the scope of the § 6 (o) exemption for sole surviving sons have received the attention of both the State and the National Directors of the Selective Service System. Petitioner has not exhausted the channels for formal appellate review within the System, but the informal review given petitioner’s case and the ratification by the State and National Directors of the position taken by petitioner’s local board are sufficient justification to permit the courts to entertain petitioner’s defense that his classification is improper under § 6 (o).
The fact that the relevant statute is ambiguous or uncertain, e. g., Logan v. Davis, 233 U. S. 613, 627 (1914), or that the agency’s interpretation of a statute comes while its interrelationship with the other parts of the regulatory scheme is as yet “untried and[*206] new,” Norwegian Nitrogen Prods. Co. v. United States, 288 U. S. 294, 315 (1933), may accord the agency interpretation of the statute additional significance. And since the construction of the sole surviving son exemption is “essentially a question of first impression,” ante, at 190, the importance of exhaustion — or of a failure to exhaust — is, perhaps, accentuated in this case. Any ambiguity in the language and legislative history of the statute, or any question as to the role which § 6 (o) must play in the statutory scheme would be well suited to resolution by the Selective Service System in the first instance. Exhaustion of appellate remedies within the System would have afforded that agency full opportunity to apply its expertise to these and other questions, thereby facilitating the disclosure of factors which, although germane, are not highly visible to tribunals less familiar with the regulatory scheme.
Compare Falbo v. United States, 320 U. S. 549 (1944). Section 10 (b) (3) of the Military Selective Service Act of 1967, 81 Stat. 104, prescribes the timing of judicial review — “after the registrant has responded either affirmatively or negatively to an order to report for induction” — but does not speak to the exhaustion question.
It should be noted that where agency orders are not suspended during the pendency of an administrative appeal, Congress has seen fit to permit judicial review without exhaustion of appellate remedies. Administrative Procedure Act § 10 (c), 5 U. S. C. §704 (1964 ed., Supp. Ill). Under that section, however, if the agency action is inoperative during administrative review, the agency may require exhaustion by its own rules. Since induction may not be ordered during a registrant's appeal, 32 CFR, §§1626.41, 1627.8 (1969), the[*207] Selective Service System could require exhaustion even if subject to § 10 (c) of the APA. The administration of the draft laws, however, is not covered by the APA, and the necessity for exhausting appellate remedies would seem to rest on the general doctrine developed by the courts.