Cohen

MEMORANDUM **

Leslie Cohen appeals the district court’s denial of his 28 U.S.C. § 2241 habeas petition, through which he sought vacature of a Bureau of Immigration and Customs Enforcement (“ICE”) detainer and the 2001 order reinstating his 1996 order of removal. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Cohen alleges that ICE violated 8 U.S.C. § 1231 (a)(4)(A) by failing to remove him in 2003, when he was placed into ICE custody while awaiting trial on the charges for which he is currently imprisoned. Cohen’s claim is barred by the plain language of the statute, as Congress has explicitly stated that there is no right of action under that provision. 8 U.S.C. § 1231 (a)(4)(D).

Cohen next seeks to challenge the 2001 reinstatement of his 1996 removal order. The district court correctly held that it had no jurisdiction to consider the validity of the reinstatement order in a habeas petition, as the proper vehicle for a challenge to a reinstatement order is a petition for review filed directly with this Court. See Castro-Cortez v. INS, 239 F.3d 1037 , 1047 (9th Cir.2001) (abrogated on other grounds by Fernandez-Vargas v. Gonzales, 548 U.S. 30 , 126 S.Ct. 2422 ,…