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Raymond Rodriguez-De Leon v. Immigration and Naturalization Service

Raymond RODRIGUEZ-DE LEON, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent

Raymond Rodriguez-De Leon v. Immigration & Naturalization Serv., 324 F.2d 311 (9th Cir. 1963)
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Court
Court of Appeals for the Ninth Circuit · U.S. Courts of Appeals
Decided
November 14, 1963
Docket
No. 18773
Judges
Browning, Duniway, Mathes
Citations
324 F.2d 3111963 U.S. App. LEXIS 3733

Opinion — Duniway

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.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1964: 11967: 11968: 11969: 11971: 11975: 119642026peak 1964 · 1

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
Siaba-Fernandez v. Rosenberg, 302 F.2d 139 (9th Cir. 1962) 15
Ponciano Murillo-Aguilera v. Immigration & Naturalization Serv., 313 F.2d 141 (9th Cir. 1963) 7

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