Page:Santos-Zacaria v. Garland.pdf/2

2 face of a litigant’s forfeiture or waiver. Hamer v. ''Neighborhood Housing Servs. of Chicago'', 583 U. S. 17, ___–___. To ensure that courts impose such consequences only when Congress unmistakably has so instructed, a rule is treated as jurisdictional “only if Congress ‘clearly states’ that it is.” Boechler v. Commissioner, 596 U. S. ___, ___. Pp. 3–4.

(b) The Government cannot show that exhausting remedies “available … as of right” requires seeking Board reconsideration. The Government emphasizes a noncitizen’s right to file a motion to reconsider. But the right to request discretionary review does not make a remedy available as of right. Nor does §1252(d)(1) draw a distinction, suggested by the Government, between those remedies made discretionary by statute and those made so by regulation. In addition, although the decision whether to grant reconsideration is reviewable for