Avila-Ayala v. Holder , 371 F. App'x 837 ( 2010 )

FILED
NOT FOR PUBLICATION MAR 24 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
JORGE AVILA-AYALA, No. 07-74924
Petitioner, Agency No. A092-057-300
v.
MEMORANDUM *
ERIC H. HOLDER Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted March 16, 2010 **
Before: SCHROEDER, PREGERSON, and RAWLINSON, Circuit Judges.
Jorge Avila-Ayala, a native and citizen of Mexico, petitions for review of the
Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an
immigration judge’s removal order. We have jurisdiction pursuant to 8 U.S.C.
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
TL/Research
§ 1252. We review de novo constitutional challenges. Masnauskas v. Gonzales,
432 F.3d 1067, 1069 (9th Cir. 2005). We deny the petition for review.
Avila-Ayala’s equal protection claim is not colorable because he was
ineligible for relief under former Immigration and Nationality Act § 212(c)
regardless of when proceedings were initiated against him. See Alvarez-Barajas v.
Gonzales, 418 F.3d 1050, 1054 (9th Cir. 2005); 8 C.F.R. § 1212.3(h)(2) (section
440(d) of the Antiterrorism and Effective Death Penalty Act of 1996 applies to
guilty pleas made between April 24, 1996 and April 1, 1997).
PETITION FOR REVIEW DENIED.
TL/Research 2 07-74924