Barney

Comesy I. Barney, a native and citizen of Nigeria, appeals the denial of her petition for a writ of habeas corpus. Petitioner challenged the decision of the Board of Immigration Appeals (“BIA”) to place her in exclusion proceedings, and subsequently exclude her from the United States, after her Application for Adjustment of Status was denied by the Immigration and Naturalization Service (the “INS”). We affirm.

Petitioner argues that because she obtained advance parole to leave the United States and then to return to pursue her pending Application for Adjustment of Status, she is entitled to be returned to the immigration status she had prior to leaving the country, that of illegal overstay. As an illegal overstay, Petitioner would be subject to deportation proceedings rather than exclusion proceedings. The difference between exclusion and deportation is more than mere *320 nomenclature. See Landon v. Plasencia, 459 U.S. 21, 25-27 , 103 S.Ct. 321, 325-26 , 74 L.Ed.2d 21 (1982). Aliens in deportation proceedings are afforded procedural protections not available to aliens in exclusion proceedings. Id.

Petitioner alternatively argues that prior to leaving the United States, she did…