Bakarian v. Mukasey, 541 F.3d 775 (7th Cir. Sept. 4, 2008) (noncitizen not excused from preserving retroactivity issue for appeal by raising it before the BIA; it was not futile to bring issue before the BIA where U.S. Supreme Court case provided new means to argue against older BIA precedent decision).
jurisdiction:
Seventh Circuit