Raymond Rodriguez-De Leon v. Immigration and Naturalization Service

324 F.2d 311, 1963 U.S. App. LEXIS 3733

• Court: Court of Appeals for the Ninth Circuit
• Decided: November 14, 1963
• Docket: 18773
• Status: Published

Opinion

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.