Zhong v. U.S. Dept. of Justice, 461 F.3d 101 (2d Cir. Aug. 8, 2006) ("We are persuaded, both on the language of 1252(d)(1) and on these authorities, that the exhaustion of 'all administrative remedies available to [an] alien as of right' under 8 U.S.C. 1252(d)(1) does not require - as a statutory matter - that a petitioner for relief from removal raise to the BIA each issue presented in his or her petition for judicial review. Therefore, in the context of 8 U.S.C. 1252(d)(1), the failure to exhaust individual issues before the BIA does not deprive this court of subject matter jurisdiction to consider those issues.").