Kenny

MEMORANDUM **

1. Robert Kenny, a native and citizen of Ireland, appeals the district court’s order dismissing his 28 U.S.C. § 2241 habeas corpus petition, which challenged the “propriety” of the order of removal. Pursuant to section 106(c) of the REAL ID Act of 2005, Pub.L. No. 109-13,119 Stat. 231, 311 *435 (2005), we treat Kenny’s appeal as a petition for review. See Alvarez-Barajas v. Gonzales, 418 F.3d 1050, 1052-53 (9th Cir. 2005).

However, as a condition of his participation in the Visa Waiver Program, Kenny waived his right to challenge his removal, and we hold him to that waiver. See 8 U.S.C. § 1187 (b)(2); see also Handa v. Clark, 401 F.3d 1129, 1135-36 (9th Cir. 2005).

2. Kenny also challenges the Department of Homeland Security’s failure to adjudicate his application for adjustment of status prior to his deportation. Although not a direct contest of removal, this is a “cause or claim ... arising from the decision or action by the Attorney General to commence proceedings, adjudicate cases, or execute removal orders,” review of which is explicitly barred by 8 U.S.C. § 1252 (g). We lack jurisdiction over this claim.

3. We retain jurisdiction to review Kenny’s due…