Agadaga

MEMORANDUM **

Otuma Bernard Agadaga, a native and citizen of Nigeria, appeals the district court’s denial of his habeas corpus petition under 28 U.S.C. § 2241 for relief from deportation. We have jurisdiction under 28 U.S.C. § 1291 . We review the district court’s denial of a habeas petition de novo. Angulo-Dominguez v. Ashcroft, 290 F.3d 1147, 1149 (9th Cir.2002). We affirm.

In 1994, an immigration judge (“IJ”) found Agadaga deportable for overstaying his student visa, and the Board of Immigration Appeals (“BIA”) affirmed. Agadaga petitioned for review of the BIA’s order, contending that the IJ erred by failing to inform him that he may have been eligible for relief under 8 U.S.C. § 1182 (h) based on the extreme hardship his deportation would cause his children who are U.S. citizens. This court denied Agadaga’s petition because Agadaga could benefit from relief under 8 U.S.C. § 1182 (h) only if he were eligible for an adjustment of status, which he was not. Agadaga v. INS, No. 95-70594, 1997 WL 334991 (9th Cir. June 12,1997).

To the extent Agadaga’s habeas petition raises the same contention he raised on direct review — that the IJ should have told him to apply for relief…