Cardoza-Fuentes

MEMORANDUM

Doris Cardoza-Fuentes, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an immigration judge’s order denying her application for relief under former section 212(c), 8 U.S.C. § 1182 (c). Our jurisdiction is governed by 8 U.S.C. § 1252 . We review de novo questions of law and constitutional claims. Vasquez-Zavala v. Ashcroft, 324 F.3d 1105, 1107 (9th Cir.2003). We deny in part and dismiss in part the petition for review.

The government did not need to charge Cardoza-Fuentes as removable pursuant to 8 U.S.C. § 1227 (a)(2)(B)® in her notice to appear (“NTA”) for the BIA to conclude that she was ineligible for relief on this ground. See United States v. Gonzalez-Valerio, 342 F.3d 1051, 1054-55 (9th Cir.2003).

Cardoza-Fuentes’ equal protection challenge fails because she was convicted by plea agreement after the effective date of the Anti-Terrorism and Effective Death Penalty Act (“AEDPA”) and is therefore not similarly situated to those permanent residents who could have relied upon the availability of 212(c) relief because they entered pleas prior to AEDPA’s passage. See Dillingham v.…