Shepherd v. Holder, 2012 WL 1592973 (5/8/12) (Published) - The immigration petition met the finality and exhaustion requirements, even though the petitioner petitioned for review of the IJ's decision without appealing to the BIA. The appeal would have been futile because the BIA had already rejected the estoppel claim. The 10th had jurisdiction to consider whether the factual conditions existed to establish jurisdiction by virtue of the petitioner's citizenship, without regard to how the BIA resolved the question. Unfortunately, the undisputed record established the petitioner was at least 18 when Congress passed an Act which would otherwise have made her a citizen, as an adopted LPR child residing in the U.S. with a citizen parent. That the government at first conceded the petitioner was a citizen did not estop the 10th from making its own determination to the contrary. The petitioner goes back to India from whence she was brought to the U.S. as a baby.