Villa-Arreola

MEMORANDUM **

Nicolas Villa-Arreola, a native and citizen of Mexico currently residing in the United States, seeks review of the District Court’s denial of his 28 U.S.C. § 2241 ha-beas petition. The Supreme Court’s recent decision in INS v. St Cyr, 533 U.S. 289 , 121 S.Ct. 2271 , 150 L.Ed.2d 347 (2001), makes clear that the District Court properly exercised its jurisdiction when it heard Villa-Arreola’s petition. Id. at 2287 (holding that habeas jurisdiction under § 2241 was not repealed either by AEDPA or IIRIRA). We have jurisdiction under 28 U.S.C. § 2253 and Fed. R.App. P. 22. We affirm.

Villa-Arreola argues that his removal (1) violates the double jeopardy clause of the Fifth Amendment, and (2) contravenes the prohibition against cruel and unusual punishment found in the Eighth Amendment.

The Supreme Court and this Circuit have consistently held that the removal process is a civil proceeding and not criminal punishment. INS v. Lopez-Mendoza, 468 U.S. 1032, 1038 , 104 S.Ct. 3479 , 82 L.Ed.2d 778 (1984) (deportation is a purely *772 civil proceeding); Urbinar-Mauricio v. INS, 989 F.2d 1085 , 1089 n. 7 (9th Cir. 1993). Appellant’s double jeopardy and cruel and unusual…