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SINGH v. NAPOLITANO

No. 07-16988.

619 F.3d 1101 (2010)

Rajinder Pal SINGH, Petitioner-Appellant, v. Janet NAPOLITANO; Nancy Alcantar; Eric H. Holder Jr., Attorney General, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 23, 2010.

Attorney(s) appearing for the Case

James Todd Bennett , El Cerrito, CA, for the petitioner-appellant.

Joseph P. Rusoniello , United States Attorney; Joann M. Swanson , Assistant United States Attorney; Edward Olsen , Assistant United States Attorney, San Francisco, CA, for the respondents-appellees.

Per Curiam Opinion; Dissent by Judge MCKEOWN.

OPINION

PER CURIAM:

Rajinder Singh appeals from the district court's order denying his petition for habeas corpus, filed pursuant to 28 U.S.C. § 2241. We have jurisdiction pursuant to 28 U.S.C. §§ 1291 and 2253. We affirm.

In order to seek habeas relief under section 2241, as Singh does, a petitioner must first, "as a prudential matter," exhaust his or her available administrative remedies. See Castro-Cortez v. INS, 

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