Valdivia
Valdivia v. Immigration & Naturalization Service
Opinion
Lead Opinion
*233 MEMORANDUM **
Carlos Valdivia (“Valdivia”) appeals the district court’s denial of his 28 U.S.C. § 2241 habeas corpus petition. We have jurisdiction pursuant to 28 U.S.C. § 2253 , and we review de novo the district court’s denial of Valdivia’s habeas corpus petition. See Baeta v. Sonchik, 273 F.3d 1261, 1263 (9th Cir.2001). We affirm.
Valdivia’s argument on appeal is two-pronged. First, he claims that an immigration judge in a 1987 order improperly classified him as an excludable alien. Alleging that sometime in 1984 he left the United States for Mexico, without permission from the Immigration and Naturalization Service (“INS”), and later illegally reentered the United States, Valdivia contends that his proper classification is that of an illegal alien. Second, Valdivia asserts that, as an illegal alien, he is entitled to due process rights under the Fifth Amendment, and that his continued detention in INS custody violates these rights. See Zadvydas v. Davis, 533 U.S. 678 , 121 S.Ct. 2491, 2501, 2506 , 150 L.Ed.2d 653 (2001); Ma v. Ashcroft, 257 F.3d 1095 , 1102, 1109-10 (9th Cir.2001).
We do not have, nor did the district court have, jurisdiction to consider Valdivia’s…