Desire

MEMORANDUM *

Jo Lesly Desire appeals the District Court’s denial of his 28 U.S.C. § 2241 habeas corpus petition, which challenged his order of removal to Haiti. The appeal is treated as a timely filed petition for review with this court. See Alvarez-Barajas v. Gonzales, 418 F.3d 1050 , 1053 (9th Cir.2005). Questions regarding jurisdiction of the court are reviewed de novo. United States v. Neil, 312 F.3d 419, 421 (9th Cir. 2002). The issue of whether a particular offense constitutes an aggravated felony is reviewed de novo. Ruiz-Morales v. Ashcroft, 361 F.3d 1219, 1221 (9th Cir.2004).

We have jurisdiction over this matter pursuant to 8 U.S.C. § 1252 (a)(2)(D). Desire sufficiently exhausted his claims before the BIA, as required by 8 U.S.C. § 1252 (d)(1), because the BIA explicitly addressed the aggravated felony determination and demonstrated that it agreed with the IJ’s finding. See Socop-Gonzalez v. INS, 272 F.3d 1176, 1186 (9th Cir.2001) (en banc); Sagermark v. INS, 767 F.2d 645, 648 (9th Cir.1985).

Desire is likewise not barred by res judicata or 8 U.S.C. § 1252 (d)(2) from now presenting his arguments regarding the classification of his crime as an aggravated felony. Our…