Clement C. Nwabueze v. Richard C. Smith, District Director, Ins, Defendant-Respondent, U.S. Immigration and Naturalization Service

976 F.2d 737 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Clement C. NWABUEZE, Petitioner-Appellant, v. Richard C. SMITH, District Director, INS, Defendant-Respondent, U.S. Immigration and Naturalization Service, Defendant-Appellee. No. 91-36302. United States Court of Appeals, Ninth Circuit. Submitted Sept. 16, 1992. * Decided Sept. 24, 1992. Before EUGENE A. WRIGHT, FLETCHER and CANBY, Circuit Judges. 1 MEMORANDUM ** 2 Clement C. Nwabueze, a Nigerian citizen held at an I.N.S. detention center, appeals the dismissal of his habeas corpus petition. We affirm. DISCUSSION 3 Under 8 U.S.C. § 1105a(a)(10), "any alien held in custody pursuant to an order of deportation may obtain judicial review thereof by habeas corpus proceedings." This review is strictly limited to matters related to the propriety of I.N.S. procedures, and only becomes available when an alien exhausts all administrative remedies. Sotelo Mondragon v. Ilchert, 653 F.2d 1254, 1256 (9th Cir.1980); 8…