Ruano-Martin

MEMORANDUM

Bias Ruano-Martin, a native and citizen of Spain, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s removal order. We have jurisdiction under 8 U.S.C. § 1252 . We review de novo constitutional claims, Khan v. Holder, 584 F.3d 773, 776 (9th Cir.2009), and we deny the petition for review.

Ruano-Martin’s contention that retroactive application of section 304 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, which eliminated relief under former section 212(c) of the Immigration and Nationality Act, violated his right to due process is unavailing. See United States v. Velasco-Medina, 305 F.3d 839, 850 (9th Cir.2002) (“To the extent he anticipated the continued availability of § 212(c) relief after his guilty plea, his expectations were neither reasonable nor settled under St. Cyr.”).

Ruano-Martin’s contention that application of 8 C.F.R. § 1212.3 (f)(4) violated his right to equal protection is also unavailing. Ruano-Martin was ineligible to apply for relief under former section 212(e) regardless of whether he was charged as removable under the grounds of inadmissibility or the…