remains”); Kalaw v. INS, 133 F.3d 1147, 1150 (9th Cir.1997) (same). The BIA decision at issue here did not involve the exercise of discretion. The BIA decided that Zazueta-Carrillo could not petition for adjustment of status because of the statutory bar of 8 U.S.C. § 1229c(d) for aliens who have not voluntarily departed. The BIA was simply following the law, not exercising discretion, when it denied Zazueta-Carrillo’s motion to reopen. See Lafarga, 170 F.3d at 1215 (exercising jurisdiction over an immigrant’s petition for review because the BIA’s determination that she was per se ineligible for voluntary departure involved the application of a statute and therefore was not a discretionary decision). See also INS v. St. Cyr, 533 U.S. 289, 314, 121 S.Ct. 2271, 150 L.Ed.2d 347 (2001) (<HOLDING>). Because the BIA decision was not
holding that courts must decide pure questions of statutory construction holding that district courts retain jurisdiction after iirira to decide habeas corpus challenges involving pure questions of law recognizing that after iirira habeas review remains available  to raise substantial constitutional questions holding that the court of appeals has jurisdiction to decide its jurisdiction under the transitional rules of the iirira holding that managing conservator while in texas to seek return of child by writ of habeas corpus may not be served with civil process and is subject to jurisdiction of court in which habeas corpus is pending and only for purpose of prosecuting writ of habeas corpus