Garcia-Jimenez

*205 MEMORANDUM **

Maria Julia Garcia-Jimenez appeals from the district court’s dismissal of her habeas petition for lack of subject matter jurisdiction. Because the relevant facts are known to the parties they are not repeated here.

In Gutierrez-Chavez v. INS, 298 F.3d 824, 830 (9th Cir.2002), we delineated the scope of habeas review in the context of the removal process: “Habeas petitions that ... do not allege [constitutional or statutory] error but simply seek to change the discretionary result reached by the [Immigration Naturalization Service (TNS’)] are not within the scope of § 2241 and should be denied.” Accordingly, “habeas is not available to claim that the INS simply came to an unwise, yet lawful, conclusion when it did exercise its discretion.” Id. at 828.

Whether Garcia-Jimenez’s conviction was a “particularly serious crime,” thereby rendering her ineligible for withholding of removal, is a determination within the Immigration Judge’s (“IJ’s”) discretion. See Matsuk v. INS, 247 F.3d 999, 1002 (9th Cir.2001). Nevertheless, Garcia-Jimenez contends that we have jurisdiction because the IJ’s determination was so inconsistent with the facts of the case that it amounted…