Anaya-Fernandez

MEMORANDUM

Jorge Anaya-Fernandez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s removal order. We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review de novo constitutional questions and questions of law, Vasquez-Zavala v. Ashcroft, 324 F.3d 1105, 1107 (9th Cir.2003), and we deny the petition for review.

The agency properly concluded that Anaya-Fernandez is ineligible for § 212(c) relief with respect to his 2001 convictions. See 8 C.F.R. § 1212.3 (h)(3) (“Section 212(c) relief is not available with respect to convictions arising from plea agreements made on or after April 1, 1997.”); see also United States v. Velasco-Medina, 305 F.3d 839, 850 (9th Cir.2002) (“To the extent [an alien] anticipated the continued availability of § 212(c) relief after [1996], his expectations were neither reasonable nor settled under [INS v. St. Cyr, 533 U.S. 289 [ 121 S.Ct. 2271 , 150 L.Ed.2d 347 ] (2001) ].”).

Anaya-Fernandez’s contention that the expanded aggravated felony definition contained in section 321 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (“IIRIRA”)…