What is the test for a motion to review an order in which an alien has failed to take an administrative appeal?
MultiRegion, United States of America
The following excerpt is from Mir v. Rosenberg, 390 F.2d 627 (9th Cir. 1967):
Appellant's attack on the order in question would require us to review administrative findings, decide questions of burden of proof, and determine whether there was a "meaningful departure" from the country under Rosenberg v. Fleuti, 374 U.S. 449, 83 S.Ct. 1804, 10 L.Ed.2d 1000 (1963).
8 U.S.C. 1105a(c) provides:
8 U.S.C. 1226(b) provides:
This court may not entertain review where the alien has failed to take an administrative appeal. Siaba-Fernandez v. Rosenberg, 302 F.2d 139 (9th Cir. 1962).
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