Nguyen

MEMORANDUM ***

Petitioner-Appellant Quang Dinh Nguyen (“Nguyen”), a native and citizen of Vietnam, appeals the district court’s denial of his petition for a writ of habeas corpus. Nguyen is a lawful permanent resident (“LPR”) who has been convicted in Washington state court for delivery of a controlled substance. The Immigration and Naturalization Service (“INS”) seeks to deport Nguyen. Nguyen unsuccessfully opposed deportation in front of an Immigration Judge (“U”). The IJ’s decision was affirmed by the Board of Immigration Appeals (“BIA”) in a decision dated March 23, 1999 (“BIA Decision”). We dismissed Nguyen’s petition for review of the BIA’s decision for lack of jurisdiction. Nguyen v. INS, 210 F.3d 384 (9th Cir.2000) (unpublished disposition). Nguyen then brought this habeas petition pursuant to 28 U.S.C. § 2241 , which the district court denied. For the reasons stated below, we affirm the district court. The parties are familiar with the facts of the case and we refer to them here only as necessary.

As a preliminary matter, we note that although we dismissed Nguyen’s direct appeal for lack of jurisdiction, we have jurisdiction to review the denial of his § 2241 habeas…