Valtchev

MEMORANDUM *

Milen Valtchev (“Valtchev”), appeals the dismissal of his habeas petition, filed pursuant to 28 U.S.C. § 2241 . Contrary to the argument of the Immigration and Naturalization Service (“INS”), the district court had subject matter jurisdiction over Valtchev’s habeas petition, regardless of whether Valtchev exhausted his administrative remedies. See Castro-Cortez v. INS, 239 F.3d 1037 , 1047 (9th Cir.2001). Valtehev’s habeas petition, however, is without merit.

Valtchev, who is in the United States illegally, has no fundamental right to remain in the United States. See Shaar v. INS, 141 F.3d 953, 959 (9th Cir.1998); see also Harisiades v. Shaughnessy, 342 U.S. 580, 586-87 , 72 S.Ct. 512 , 96 L.Ed. 586 (1952). While Valtchev enjoys Fifth Amendment due process rights in deportation proceedings, see Sanchez-Cruz v. INS, 255 F.3d 775, 779 (9th Cir.2001), he does not have a constitutional right to have his visa petition granted or denied within a certain period of time. Valtchev has the right to have the visa processed within the procedures authorized by Congress. See Knauff v. Shaughnessy, 338 U.S. 537, 544 , 70 S.Ct. 309 , 94 L.Ed. 317 (1950); Dielmann v. INS, 34 F.3d…