Fofana

MEMORANDUM **

In 2005, an immigration judge (IJ) found Petitioner-Appellant Maudo L. Fofana (Fofana) removable under 8 U.S.C. § 1227 (a)(1)(A) because he was inadmissa-ble at the time he entered the United States due to his failure to present a valid entry document. In January 2006, the Board of Immigration Appeals (BIA) dismissed Fofana’s appeal of his removal order and his removal order became administratively final. Today, Fofana’s appeal of his removal order remains pending before another panel of this court, and Fofana remains in custody 1 under a stay of removal. 2 This appeal arises out of a petition for habeas corpus, in which Fofana *434 challenged his continuing detention while the appeal of his removal order is resolved. The district court dismissed Fofana’s habe-as petition. We have jurisdiction under 28 U.S.C. §§ 1291 and 2253(a), and we affirm.

We review de novo a district court’s decision to deny a petition for writ of habeas corpus under 28 U.S.C. § 2241 . Stephens v. Herrera, 464 F.3d 895, 897 (9th Cir.2006).

As a preliminary matter, we need not discuss Fofana’s argument that Congress does not have the authority to authorize the deportation of aliens. It is…