BRIAN BARNETT DUFF, UNITED STATES DISTRICT JUDGE.
Alex Rodriguez Gerrero is a Cuban native who landed in Key West, Florida, in May 1980, as part of the well-publicized "Mariel Boat Lift." Gerrero came to this country without authorization, but he asked for political asylum. The Attorney General of the United States paroled Gerrero into the United States pursuant to 8 U.S.C. § 1182(d)(5) (1976), as amended. Gerrero remained as a parolee -- a status allowing an alien to remain in the United States without formal "admission," see Leng May Ma v. Barber, 357 U.S. 185, 187-90, 2 L. Ed. 2d 1246, 78 S. Ct. 1072 (1958) -- until November 30, 1989. The government then revoked Gerrero's parole on account of convictions for two crimes in Wisconsin, and violations of probation terms imposed for those convictions.
On December 4, 1989, the U.S. Immigration and Naturalization Service ("INS") served Gerrero with a Notice of Parole Revocation. The INS also advised Gerrero that it was commencing proceedings under 8 U.S.C. § 1182(a) (1982) to exclude him from admission into the United States. A hearing was scheduled for December 18, 1989, before an immigration judge. Gerrero was hospitalized on that day, and could not appear. Presumably to keep his calendar clear, the immigration judge "administratively" closed the case.
Gerrero filed a petition for a writ of habeas corpus in this court on January 12, 1990. After he had filed his petition, INS agents allegedly removed Gerrero from his hospital bed and imprisoned him.
The District Director of the INS has moved for dismissal of Gerrero's petition for lack of jurisdiction and failure to state a claim upon which this court may grant relief. See Rules 12(b)(1) and 12(b)(6), Fed.R.Civ.Pro. In his petition, Gerrero claims that this court has jurisdiction pursuant to 8 U.S.C. § 1252(a)(1), id. at § 1105a(b), and 28 U.S.C. § 1361 (1982). In response to the Director's motion, Gerrero comes close to abandoning the first two grounds for jurisdiction, as well he should. Section 1252(a)(1) gives "any court of competent jurisdiction [the] authority to review or revise any determination of the Attorney General concerning detention, release on bond, or parole pending final decision of deportability" of an alien. The only aliens whom the government may deport under § 1252, however, are those whom the government formally has admitted already. See Barber, 357 U.S. at 187. The government never has admitted Gerrero into the United States as anything other than a parolee, and thus it may not employ § 1252 to oust him. If the government may not use § 1252 to deport Gerrero, this court does not have jurisdiction under that statute either.
Section 1105a(b) similarly does not give this court jurisdiction. That section provides:
Notwithstanding the provisions of any other law, any alien against whom a final order of exclusion has been made heretofore or hereafter under the provisions of section 1226 of this title or comparable provisions of any prior Act may obtain judicial review of such order by habeas corpus proceedings and not otherwise.