Gastelum-Miranda

MEMORANDUM **

Enrique Gastelum-Miranda, a native and citizen of Mexico, appeals the district court’s dismissal of his 28 U.S.C. § 2241 petition for writ of habeas corpus which sought to challenge the merits of the Board of Immigration Appeals’ removal order. We have jurisdiction pursuant to 28 U.S.C. § 2253 , and we affirm.

We previously transferred this case to the district court for proceedings pursuant to 28 U.S.C. § 2241 after concluding that we lacked jurisdiction over Gastelum-Miranda’s petition for review on account of his conviction for a crime of moral turpitude. See 8 U.S.C. § 1252 (a)(2)(C).

Subsequently, the district court found that Gastelum-Miranda’s § 2241 petition contained no constitutional or statutory challenges to the removal process, and therefore dismissed the petition. We now reject Gastelum-Miranda’s contentions concerning the proper scope of our Article III powers, and affirm. See Gutierrez-Chavez v. INS, 298 F.3d 824, 827 (9th Cir.2002) (as amended) (stating that § 2241 relief is not available against “purely discretionary (yet arguably unwise) decisions made by the executive branch that do not involve violations of the Constitution or federal…