Donado

MEMORANDUM **

Amadeo Efrain Donado, a lawful permanent resident and a native and citizen of El Salvador, appeals pro se the district court’s judgment denying his 28 U.S.C. § 2241 habeas petition challenging the Board of Immigration Appeals’ order finding him removable because of his aggravated felony conviction. We have jurisdiction pursuant to 28 U.S.C. § 2253 , we review de novo, see Singh v. Ashcroft, 351 F.3d 435, 438 (9th Cir.2003), and we affirm.

Donado contends that he is not removable as an aggravated felon. This court’s October 22, 2001 order dismissing Donado’s petition for review, however, precludes him from relitigating whether he is an aggravated felon for the purpose of removal proceedings. Nunes v. Ashcroft, 375 F.3d 805, 809-810 (9th Cir.2004).

Donado also contends that the length of his detention is unlawful. This contention fails because Donado has not demonstrated that there is “no significant likelihood of [his] removal in the reasonably foreseeable future.” See Zadvydas v. Davis, 533 U.S. 678, 701 , 121 S.Ct. 2491 , 150 L.Ed.2d 653 (2001).

Finally, the district court correctly found that Donado is statutorily ineligible for cancellation of removal due to…