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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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RODRIGUEZ-DE LEON v. INS
(Nov 14, 1963)