At page 311 alternative ground1 citing case
- Robert G. Baker v. United States, 401 F.2d 958 (D.C. Cir. 1968).published(alternative ground)
At page 312 cited at this page1 citing case
- Helena Hilda Butterfield v. Immigr. & Naturalization Serv. of the United States, 409 F.2d 170 (D.C. Cir. 1969).publishedSee also Samala v. INS, 336 F.2d 7, 11 (5th Cir 1964); Rodriguez DeLeon v. INS, 324 F.2d 311, 312 (9th Cir. 1963); Murillo-Aguilera v. INS, 313 F.2d 141, 143 (9th Cir. 1963); Siaba-Fernandez v. Rosenberg, 302 F.2d 139, 141 (9th Cir. 1962).…
Other citing cases
- Yolanda Salazar Forster v. Immigr. & Naturalization Serv., 452 F.2d 418 (9th Cir. 1971).published
v.
IMMIGRATION AND NATURALIZATION SERVICE, Respondent
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.