The Supreme Court has determined that the exhaustion requirement in 8 USC 1252(d)(1) is a claims processing rule, not a jurisdictional bar. Thus, a party can forfeit or waive an objection to exhaustion. In addition, the Court found that the statute does not require the filing of a motion to reconsider with the Board of Immigration Appeals to give the agency to correct legal errors before filing a petition for review of those errors in federal court. Motions to reopen and reconsider are not remedies of right, and the exhaustion requirement only requires an appellant to seek remedies of right.
The full text of Santos Zacaria v. Garland can be found here: https://www.supremecourt.gov/opinions/22pdf/21-1436_n6io.pdf