Rodriguez-Carranza

MEMORANDUM **

Rosa Estela Rodríguez-Carranza (“Appellant”) appeals the district court’s order dismissing her petition for writ of habeas corpus. This Court reviews a district court’s decision to dismiss a habeas petition de novo. See Taniguchi v. Schultz, 303 F.3d 950, 955 (9th Cir.2002). The facts and procedure are known to the parties and are only repeated here as necessary.

The district court was correct in holding that it did not have jurisdiction to hear Appellant’s claim. First, Appellant is not “in custody” as required by 28 U.S.C. § 2241 . See Williamson v. Gregoire, 151 F.3d 1180, 1182 (9th Cir.1998). Appellant filed this claim on March 16, 2005 — seven and a half years after her initial removal, and five years after her removal order was reinstated. There are no facts that amount to “extraordinary circumstances” such that they would warrant an exception to this jurisdictional requirement. It is also clear that Appellant waived her ability to seek any further administrative remedies when she misrepresented her status and failed to assert her right to enter as a lawful temporary resident.

Second, the reinstatement order issued in 2000 deprived the district court of…