Alfred D. Arellanes v. W.H. Seifert, Warden, of the Federal Prison Camp

50 F.3d 13 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Alfred D. ARELLANES, Petitioner-Appellant, v. W.H. SEIFERT, Warden, of the Federal Prison Camp, Respondent-Appellee. No. 93-55885. United States Court of Appeals, Ninth Circuit. Submitted March 10, 1995. * Decided March 15, 1995. Before: Chief Judge WALLACE, HUG and HAWKINS, Circuit Judges. 1 MEMORANDUM ** 2 Alfred Arellanes, a federal prisoner, appeals the district court's dismissal of his 28 U.S.C. Sec. 2251 petition for writ of habeas corpus challenging the constitutionality of 21 U.S.C. Sec. 841 (c). The district court dismissed Arellanes' petition for failure to exhaust administrative remedies, because Arellanes did not present his constitutional challenges to the United States Parole Commission (the "Commission"). We review de novo a district court's decision on a petition for writ of habeas corpus. Adams v. Peterson, 968 F.2d 835, 843 (9th Cir.1992). We reverse and remand. 3 A habeas petitioner is ordinarily…