Beqir

MEMORANDUM **

Beqir Krasniqi, a native of the former Yugoslavia and a citizen of the Kosovo region of Serbia-Montenegro, appeals pro se the dismissal of his 28 U.S.C. § 2241 habeas corpus petition, challenging his continued detention by the Bureau of Immigration and Customs Enforcement (BICE). 1 We have jurisdiction under 28 U.S.C. § 1291 and, after de novo review, we affirm.

A. Detention

In a separate appeal, Krasniqi v. Gonzales, — Fed.Appx. - (9th Cir.2007) Krasniqi petitioned for judicial review of his administratively final removal order and this court stayed his removal pending review. Thus, Krasniqi’s detention is pursuant to 8 U.S.C. § 1226 (a), which provides:

8 U.S.C. § 1226 (a).

Thus, in the case of non-criminal aliens subject to removal proceedings, the Attorney General retains discretion to decide whether they should be detained, released on bond, or released on conditional parole. See 8 U.S.C. § 1226 (a). The issue raised by Krasniqi’s petition is whether his continued detention is constitutionally permissible.

The Due Process Clause applies to all “persons” within the United States, including aliens, whether their presence here is lawful, unlawful, temporary,…