RAYMOND RODRIGUEZ-DE LEON, PETITIONER,
v.
IMMIGRATION AND NATURALIZATION SERVICE, RESPONDENT
DUNIWAY, Circuit Judge.
Petitioner seeks review of a final order of deportation. He did not, however, exhaust his administrative remedies by appeal to the Board of Immigration Appeals. Under these circumstances, his petition must be dismissed. Siaba-Fernandez v. Rosenberg, 9 Cir., 1962, 302 F. 2d 139; Murillo-Aguilera v. Immigration and Naturalization Service, 9 Cir., 1963, 313 F. 2d 141. Section 10(c) of the Administrative Procedure Act (5 U.S.C. § 1009(c)) is of no help to petitioner. It applies “except as otherwise expressly required by statute.” Here the statute, section 106(c) of the Immigration and Nationality Act, (8 U.S.C. § 1105a(c)) does otherwise expressly require.
Dismissed.
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Samala v. Immigr. & Naturalization Serv., 336 F.2d 7 (5th Cir. 1964)
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Helena Hilda Butterfield v. Immigr. & Naturalization Serv. of the United States, 409 F.2d 170 (D.C. Cir. 1969)
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Baltazar Arias-Alonso v. Immigr. & Naturalization Serv., 391 F.2d 400 (5th Cir. 1968)
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Siaba-Fernandez v. Rosenberg, 302 F.2d 139 (9th Cir. 1962)
- Ponciano Murillo-Aguilera v. Immigr. & Naturalization Serv., 313 F.2d 141 (9th Cir. 1963)