Radcliffe

MEMORANDUM *

Vichai Sae Tung, a native and citizen of Thailand, appeals the district court’s denial of his motion for a preliminary injunction, filed under 28 U.S.C. § 2241 , and challenges the Immigration and Naturalization Service’s (“INS”) order that he report to the Honolulu INS office for termination of parole and deportation. While deportation proceedings were pending, Tung allegedly received authorization from the INS to visit his sick father in Thailand. Upon his return, the INS denied Tung entry into the United States. He was then paroled into the United States for a determination of his status. Tung filed a habeas petition to the district court in which he requested a preliminary injunction to prevent his deportation. The district court denied relief, and we affirm.

The district court lacked jurisdiction to hear Tung’s petition for habeas corpus, because Tung did not exhaust his administrative appeal. We apply the preIIRIRA exhaustion provision, which stated: “[a]n order of deportation ... shall not be reviewed by any court if the alien *694 has not exhausted the administrative remedies available to him as of right under the immigration laws and regulations.” 8 U.S.C.…