What is the test for "due process" in deportation proceedings?

"[T]he Fifth Amendment entitles aliens to due process of law in deportation proceedings." Demore, 538 U.S. at 523. Due process "is flexible and calls for such procedural protections as the particular situation demands." Mathews v. Eldridge, 424 U.S. 319, 334 (1976) (quoting Morrissey v. Brewer, 408 U.S. 471, 481 (1972)). Courts must consider 1) "the private interest that will be affected by the official action;" 2) the government interest, including the burdens additional process would cause; and 3) "the risk of an erroneous deprivation of such interest through the procedures used, and the probable value, if any, of additional or substitute procedural safeguards." Id. at 335.

In habeas cases, courts "may require" the exhaustion of administrative remedies when:

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