Tiu

MEMORANDUM *

Petitioner, Alexander Yap Tiu, appeals the district court’s order granting the Immigration and Naturalization Service’s (“INS”) motion to dismiss his petition for writ of habeas corpus, filed pursuant to 28 U.S.C. § 2241 . Tin’s amended habeas petition challenged the INS’s denial of his application for adjustment of status under 8 U.S.C. § 1255a. The district court dismissed Tiu’s petition on the ground that it lacked jurisdiction to review the INS’ discretionary adjustment of status determination.

We have jurisdiction to review the final order of a district judge in a habeas corpus proceeding pursuant to 28 U.S.C. §§ 1291 and 2253. We review the district court’s denial of a habeas petition de novo. See Noriegar-Lopez v. Ashcroft, 335 F.3d 874, 878 (9th Cir.2003).

The scope of habeas jurisdiction under 28 U.S.C. § 2241 is limited to claims that allege constitutional or statutory error. Habeas corpus is not available simply to change the discretionary result reached by the INS. See Gutierrez-Chavez v. INS, 298 F.3d 824, 828 (9th Cir.2002). “Habeas is *686 available to claim that the INS somehow failed to exercise discretion in accordance with federal law or did so…