Al-Ghalayini

Al-Ghalayini v. Gonzales

Good Law
125 F. App'x 780
United States Court of Appeals for the Ninth CircuitFebruary 24, 2005No. 04-55510; D.C. No. CV-03-01594-WQH/AJBCalifornia377 words

Opinion

Lead Opinion

MEMORANDUM ***

Wasif Al-Ghalayini, a Palestinian born in Kuwait but a citizen of Jordan, was ordered removed from the United States for conviction of a crime involving moral turpitude. See 8 U.S.C. § 1182 (a)(2)(A)(i)(I). Al-Ghalayini then filed an application for political asylum claiming that he would be persecuted for his alleged conversion to Christianity. An Immigration Judge granted the application but subsequently was reversed by the Board of Immigration Appeals (“BIA”). 1 Al-Ghalayini’s petition for review before this court was dismissed for lack of juris *782 diction to review a removal order based on conviction of a crime involving moral turpitude. See, e.g., Flores-Miramontes v. INS, 212 F.3d 1133, 1134 (9th Cir.2000). Al-Ghalayini then filed a petition for habeas corpus in the district court. See 28 U.S.C. § 2241 . He now appeals the district court’s dismissal of his petition.

We affirm the district court’s dismissal of the petition because Al-Ghalayini fails to raise an issue within the scope of habeas review. 2 “Habeas is available to claim that the INS somehow failed to exercise discretion in accordance with federal law or did so in an unconstitutional manner. But…

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