We review the legal aspects of this decision de novo, and any factual findings for clear error. United States v. Eccleston, 521 F.3d 1249, 1253 (10th Cir.), cert, denied, — U.S.—, 129 S.Ct. 430, 172 L.Ed.2d 311 (2008). DISCUSSION The exhaustion of available administrative remedies is a prerequisite for § 2241 habeas relief, although we recognize that the statute itself does not expressly contain such a requirement. See Williams v. O’Brien, 792 F.2d 986, 987 (10th Cir.1986) (per curiam) (noting that “judicial intervention is usually deferred until administrative remedies have been exhausted”). A narrow exception to the exhaustion requirement applies if a petitioner can demonstrate that exhaustion would be futile. See Fazzini v. Ne. Ohio Corr. Ctr., 473 F.3d 229, 235-36 (6th Cir.2006) (<HOLDING>); cf. Fairchild v. Workman, 579 F.3d 1134, 1155
recognizing exception recognizing futility exception in context of  2241 petition holding the apprendi rule does not apply retroactively in the context of a  2241 petition recognizing the futility exception to the tribal exhaustion rule recognizing that a plaintiff could present evidence of futility