The Immigration and Naturalization Service is hereby substituted as party respondent in place of the State of California and the United States of America (see Immigration and Nationality Act § 106(a) (3), 8 U.S.C. § 1105a(a) (3)). The petition must be dismissed because the petitioner has failed to exhaust his administrative remedies as required by section 106(c). Rodriguez-De Leon v. I.N.S., 9 Cir., 1963, 324 F.2d 311; Murillo-Aguilera v. I.N.S., 9 Cir., 1963, 313 F.2d 141; Mai Kai Fong v. I.N.S., 9 Cir., 1962, 305 F.2d 239; Siaba-Fernandez v. Rosenberg, 9 Cir., 1962, 302 F.2d 139.

Dismissed.