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Rodriguez-De Leon v. INS

United States Court of Appeals, Ninth Circuit
Nov 14, 1963
324 F.2d 311 (9th Cir. 1963)

Opinion

No. 18773.

November 14, 1963.

David C. Marcus, Los Angeles, Cal., for petitioner.

Francis C. Whelan, U.S. Atty., Donald A. Fareed, Asst. U.S. Atty., Chief of Civil Section, and Jacqueline L. Weiss, Asst. U.S. Atty., Los Angeles, Cal., for respondent.

Before BROWNING and DUNIWAY, Circuit Judges, and MATHES, District 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.


Summaries of

Rodriguez-De Leon v. INS

United States Court of Appeals, Ninth Circuit
Nov 14, 1963
324 F.2d 311 (9th Cir. 1963)
Case details for

Rodriguez-De Leon v. INS

Case Details

Full title:Raymond RODRIGUEZ-DE LEON, Petitioner, v. IMMIGRATION AND NATURALIZATION…

Court:United States Court of Appeals, Ninth Circuit

Date published: Nov 14, 1963

Citations

324 F.2d 311 (9th Cir. 1963)

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