Perez—Rodriguez

MEMORANDUM ***

Jorge Perez-Rodriguez (“Perez”), an “excludable” alien who has been held in detention since June 1998 because Cuba, his nation of citizenship, will not accept his repatriation, appeals the district court’s denial of his habeas petition. He contends that his prolonged detention is a violation of his due process rights and international law. We have jurisdiction over this appeal pursuant to 28 U.S.C. §§ 1291 and 2253, and we affirm.

As an “excludable” alien from Cuba found deportable for criminal activity and being detained pending his deportation, Perez “has no constitutional right to immigration parole and, therefore, no right to be free from detention pending his deportation.” See Barrera —Echavarria v. Rison, 44 F.3d 1441, 1448 (9th Cir.1995) (en banc). While aliens who have “entered” the United States “ ‘may be expelled only after proceedings conforming to traditional standards of fairness encompassed in due process law,’ ” excludable aliens have never legally “effected entry into this country” and have “no procedural due process rights regarding [their] admission or exclusion.” Id. at 1448-49 (quoting Shaughnessy v. Mezei 345 U.S. 206, 212 , 73 S.Ct. 625 , 97…