Funez-Hernandez

MEMORANDUM *

Petitioner Maria Funez-Hernandez, a native and citizen of Honduras, appeals the district court’s denial of her habeas corpus petition seeking to require the INS to adjudicate her application for adjustment of status under 8 U.S.C. § 1255 (i). We have jurisdiction pursuant to 28 U.S.C. § 1291 and INS v. St. Cyr, 533 U.S. 289, 298 , 121 S.Ct. 2271 , 150 L.Ed.2d 347 (2001). The district court had jurisdiction pursuant to 28 U.S.C. § 2241 . See St. Cyr, 533 U.S. at 298 . We review the district court’s denial of the habeas petition de novo, Taniguchi v. Schultz, 303 F.3d 950, 955 (9th Cir.2002), and affirm.

The INS reinstated a January 1997 deportation order pursuant to 8 U.S.C. § 1231 (a)(5). Pursuant to 8 U.S.C. § 1231 (a)(5), reinstatement makes an alien ineligible for adjustment of status. Petitioner argues that § 1231(a)(5) is impermissibly retroactive under St. Cyr on the theory that she was originally deported before IIRIRA was enacted. We review de novo the issue of whether the statute is impermissibly retroactive. Jimenez-Angeles v. Ashcroft, 291 F.3d 594, 599-600 (9th Cir.2002). The reinstatement of petitioner’s deportation pursuant to § 1231(a)(5) does not…