Morelli

MEMORANDUM **

Frank Morelli, a citizen of Canada, appeals the district court’s denial of his habeas corpus petition in which he challenged his removal due to his conviction of a crime of domestic violence and the failure to grant him voluntary departure. See 28 U.S.C. § 2241 . We reverse and remand for dismissal in part, and we affirm in part.

(1) Morelli’s challenge to the removal itself sought to attack the effect of his underlying felony conviction under California’s domestic violence law. See Cal.Penal Code § 273.5; see also 8 U.S.C. § 1227 (a)(2)(E)(i). But when the Board of Immigration Appeals affirmed the immigration judge’s order of removal, Morelli could have appealed that decision to this court. See 8 U.S.C. § 1252 (a)(1). He did not do so. Therefore, the district court should not have entertained the portion of his habeas corpus petition based upon removal. See Arango Marquez v. INS, 346 F.3d 892, 897 (9th Cir.2003); Taniguchi v. Schultz, 303 F.3d 950, 955-56 (9th Cir.2002); Castro-Cortez v. INS, 239 F.3d 1037 , 1047 (9th Cir.2001). For this purpose, it matters not whether we call the basis for dismissal of the habeas corpus petition jurisdictional 1 or prudential; 2…