Masters

MEMORANDUM ****

This is a consolidated appeal from a final order of removability issued by the Board of Immigration Appeals (“BIA”) and from a denial of habeas relief by the district court. Laurence Anthony Masters (“Masters”) challenges an INS finding of removability for cultivating marijuana in violation of California Health and Safety Code § 11358, his INS detention pending removal proceedings, and selective prosecution by the Attorney General.

We have jurisdiction over the petition for review of the BIA order pursuant to 8 U.S.C. § 1252 (a)(1) and we deny the petition.

We have jurisdiction to review the district court’s denial of habeas relief pursuant to 28 U.S.C. § 2253 , and we affirm in part and dismiss in part.

I

We review de novo a district court’s decision denying habeas relief. Jessup v. United States Parole Comm’n, 889 F.2d 831, 834 (9th Cir.1989). We lack jurisdic *714 tion to review a removal order if the alien is removable for committing an aggravated felony, 8 U.S.C. § 1252 (a)(2)(C), but we retain jurisdiction to determine our own jurisdiction. Park v. INS, 252 F.3d 1018, 1021 (9th Cir.2001). Whether a particular offense constitutes an aggravated felony is a…