Klontz

MEMORANDUM **

Klontz appeals the district court’s order denying his habeas petition. Klontz claims the court erred in ruling that he was ineligible to apply for relief from removal, and that the immigration judge and district court both denied him due process. We affirm the district court and hold that Klontz was not denied due process.

*261 A. Eligibility to Apply for Relief from Removal

Klontz relies on INS v. St. Cyr 1 in arguing that he is still eligible to apply for relief from removal because he was eligible to do so at the time he pled guilty. As an initial matter, we reject the Government’s argument that Klontz should exhaust his administrative remedies before seeking relief in federal court. Prudential exhaustion is not necessary in this situation because resolution of the issue requires no agency expertise and is not a matter of agency discretion. 2 Furthermore, the issue at hand is a legal question that does not require the agency to develop the factual record. 3 Klontz did not need to raise this claim to the administrative agency before presenting it in federal court.

Klontz cannot rely on St. Cyr to claim eligibility to apply for relief from removal because he…