Clement C. Nwabueze v. Richard C. Smith, District Director, Ins, Immigration and Naturalization Service

999 F.2d 544 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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, Plaintiff-Appellant, v. Richard C. SMITH, District Director, INS, Immigration and Naturalization Service, Defendant-Appellee. No. 92-36672. United States Court of Appeals, Ninth Circuit. Submitted July 6, 1993. * Decided July 22, 1993. 1 Before: WRIGHT, FLETCHER and CANBY, Circuit Judges 2 MEMORANDUM ** 3 Clement C. Nwabueze, a Nigerian citizen in the custody of the Immigration and Naturalization Service (INS), appeals the dismissal of his second habeas corpus petition. 1 We review de novo, Adams v. Peterson, 968 F.2d 835, 843 (9th Cir.1992) (en banc), cert. denied, 113 S.Ct. 1818 (1993), and we affirm. DISCUSSION 4 We affirmed the dismissal of Nwabueze's first-habeas petition because he had failed to demonstrate exhaustion of his administrative remedies. Nwabueze v. Smith, No. 91-36302, slip. op. at 2 (9th Cir. Sept. 24, 1992) (unpublished disposition). In a related appeal, we vacated the…