BLACKWELL, Justice.
The Department of Driver Services issued a driver's license to Abdou Barrow, a Gambian national. In April 2010, the Department canceled that license, finding that Barrow was not lawfully present in the United States and was not, therefore, eligible to have a driver's license. More than three-and-a-half years later, Barrow applied for a new license, claiming that his immigration status had changed since the cancellation of his earlier license. The Department, however, denied his application. Barrow then filed a petition in the Superior Court of Fulton County, seeking judicial review of the denial of his application for a new license. The trial court dismissed his petition as untimely, and in Barrow v. Mikell, 331 Ga.App. 547, 771 S.E.2d 211 (2015), the Court of Appeals affirmed. We issued a writ of certiorari to review the decision of the Court of Appeals, and we now reverse.
Our statutory law permits judicial review of "any decision rendered by the [D]epartment,"
OCGA § 40-5-66(a).
According to the Department, Barrow was required to file his petition for judicial review within thirty days of the cancellation of his license in April 2010, and when he failed to do so, he could not revive his lost opportunity for judicial review by applying for a new license, knowing that the Department would deny that application because his license had been canceled. In support of this argument, the Department pointed the trial court and the Court of Appeals to our decisions in Earp v. Angel, 257 Ga. 333, 357 S.E.2d 596 (1987), and Earp v. Lynch, 257 Ga. 633, 362 S.E.2d 55 (1987). But upon close examination, those decisions do not support the position of the Department in this case.
In Angel, the petitioner pleaded guilty to several traffic offenses under the First Offender Act,
Id. (citation and punctuation omitted; emphasis in original).
Lynch is another habeas case, and the factual circumstances presented in Lynch are similar to those presented in Angel. In Lynch, the petitioner was sentenced for traffic offenses under the First Offender Act, the Department of Public Safety classified him as a habitual violator and revoked his license, and the petitioner subsequently was discharged without an adjudication of guilt from the traffic offenses on which his revocation had been based. See 257 Ga. 633, 362 S.E.2d 55. Apparently unlike the petitioner in Angel, however, the petitioner in Lynch then asked the Department of Public Safety to administratively reconsider the revocation of his license. See id. When the Department of Public Safety refused, the petitioner filed a petition for a writ of habeas corpus, seeking the same sort of relief, and asserting the same sort of claims, as the petitioner in Angel. The habeas court in Lynch granted the writ, and again, the Commissioner of Public Safety appealed. See id. We reversed, holding again that the failure to seek judicial review under OCGA § 40-5-66 worked a procedural bar in habeas:
Id. at 633-634, 362 S.E.2d 55 (citation and punctuation omitted). In our opinion, we added that "OCGA § 40-5-66 requires appeals to be made within thirty days of the revocation decision by the Department of Public Safety." Id. at 634, 362 S.E.2d 55.
At the urging of the Department, the trial court and Court of Appeals in this case relied on Angel and Lynch to conclude that Barrow failed to timely file his petition for judicial review. The Court of Appeals properly acknowledged that it is bound by Angel and Lynch as precedents, and it seems to have been persuaded that those precedents apply in this case especially by our statement in Lynch that "OCGA § 40-5-66 requires appeals to be made within thirty days of the revocation decision." See Barrow, 331 Ga. App. at 549-550, 771 S.E.2d 211 (quoting Lynch). That the trial court and Court of Appeals relied in this case as they did on Angel and Lynch is understandable, but upon further reflection, we now conclude that their reliance upon those precedents was misplaced for two reasons.
To begin, neither Angel nor Lynch can properly be understood as announcing any holding about the time in which a petition for judicial review under OCGA § 40-5-66 must be filed. That is precisely because no such petition was at issue in Angel or Lynch. In both Angel and Lynch, the petitioners filed no petition under OCGA § 40-5-66, and the petitioners attempted instead to skip right past the usual procedures for judicial review of administrative decisions and to obtain relief in habeas. It is well settled in habeas, however, that one must exhaust his other available remedies before resorting to the writ of habeas corpus for relief. See In the Matter of Stoner, 252 Ga. 397, 398, 314 S.E.2d 214 (1984). Anything that we said in Angel and Lynch about the timeliness of a petition under OCGA § 40-5-66 was dicta.
Moreover, there is an important distinction between Angel and Lynch, on the one hand, and this case, on the other. In both Angel and Lynch, the petitioners had their licenses revoked. In this case, Barrow had his license canceled. Our statutory law distinguishes between revocations and cancellations, and the distinction is important to the resolution of this case. According to OCGA § 40-5-1(16), when a license is "revoked," the "license shall not be subject to renewal or restoration," and no application for a new license can be entertained until "after the expiration of the applicable period of time prescribed in this chapter." There is no indication in Angel or Lynch that the petitioners applied for new licenses, and even if they had—assuming that the "applicable period of time" in their cases had not yet
Cancellations, however, are different. According to OCGA § 40-5-1(3), a cancellation is "without prejudice, and application for a new license may be made at any time after such cancellation." We presume that the General Assembly meant exactly what it said when it said that cancellations are "without prejudice," see Deal, 294 Ga. at 172(1), 751 S.E.2d 337(a), and for that reason, the judicial review of the denial of an application for a new license following a cancellation does not amount to judicial review of the cancellation itself. The cancellation and the denial of an application for a new license following cancellation are distinct decisions of the Department. As such, the failure to timely petition for judicial review of the cancellation is no absolute waiver of the right to timely petition for judicial review of the denial of the application for a new license.
Here, the Department canceled—but did not revoke—the license that it had issued to Barrow.
Judgment reversed.
All the Justices concur.