Delfino Acevedo-Carranza v. John Ashcroft, Attorney General

Delfino Acevedo-Carranza, a native of Mexico, appeals the district court’s dismissal of his 28 U.S.C. § 2241 habeas petition. This court has jurisdiction under 28 U.S.C. §§ 1291 and 2253. Because the district court correctly determined that Acevedo-Carranza’s habeas petition raised an issue for which he had not exhausted his judicial remedies, we affirm.

I. Factual and Procedural Background

Acevedo-Carranza entered the United States in 1976 and became a lawful permanent resident in 1990. On September 26, 1997, he was convicted of violating California Health and Safety Code § 11351, which prohibits the possession for sale of heroin. On March 6, 1998, he received a “Notice to Appear” charging him with removability under 8 U.S.C. § 1227 (a)(2)(A)(iii), which states, “Any alien who is convicted of an aggravated felony at any time after admission is deportable.”

On October 2, 1998, Acevedo-Carranza appeared before an immigration judge (“IJ”), who found Acevedo-Carranza to be removable as an aggravated felon. The IJ also rejected Acevedo-Carranza’s motion to apply for waiver of inadmissibility under former INA § 212(C), previously codified at 8 U.S.C. § 1182 (C), and determined that…