Yuthok

*205 MEMORANDUM *

Petitioner/Appellant Thutop Yuthok (‘Yuthok”) appeals the District Court’s denial of his 28 U.S.C. § 2241 petition for writ of habeas corpus, which alleged that he is being illegally detained by the Immigration and Naturalization Service (“INS”). The District Court held that the Immigration & Nationality Act (“INA”), § 242(a)(2)(B), codified as 8 U.S.C. § 1252 (a)(2)(B), deprived it of subject matter jurisdiction over habeas corpus petitions seeking review of the INS’ discretionary decisions and thus it lacked jurisdiction to hear Yuthok’s habeas petition seeking review of an adverse parole decision. The District Court also held that, assuming jurisdiction, the INS District Director did not abuse his discretion in denying Yuthok’s parole request. We reverse the District Court’s judgment that it lacked subject matter jurisdiction to hear Yuthok’s appeal but affirm that it was not an abuse of discretion for the INS District Director to deny Yuthok’s parole request.

The parties are familiar with the facts and the procedural history of the case. Therefore, we do not repeat them here.

We review de novo the existence of subject matter jurisdiction. Barapind v. Reno,…