Hui-Salazar

MEMORANDUM **

Francisco Hui-Salazar appeals pro se the district court’s denial of his 28 U.S.C. § 2241 habeas corpus petition, challenging his continued detention by the Immigration and Naturalization Service (INS) pending his deportation to Cuba. Upon our sua sponte review of our jurisdiction over this appeal, see Hostler v. Groves, 912 F.2d 1158, 1160 (9th Cir.1990), we must dismiss because Hui-Salazar’s notice of appeal was premature and ineffective under Federal Rule of Appellate Procedure 4(a). See Se-rine v. Peterson, 989 F.2d 371, 372-73 (9th Cir.1993) (order) (dismissing appeal for lack of jurisdiction where appellant’s notice of appeal was filed after the magistrate’s findings and recommendation were filed, but before the district court entered judgment, and appellant did not file a notice of appeal after final judgment was entered).

We point out that Hui-Salazar may file a new habeas petition challenging his con-tinned detention under our recent decision in Ma v. Ashcroft, 257 F.3d 1095 ,1105 (9th Cir.2001) (concluding, on remand from the Supreme Court in Zadvydas v. Davis, 533 U.S. 678 , 121 S.Ct. 2491 , 150 L.Ed.2d 653 (2001), that “[i]n cases in which an alien has…