Contreras

Jose Contreras appeals the district court’s dismissal of his habeas corpus petition for lack of jurisdiction. The district court granted a certificate of probable cause, and we have jurisdiction under 28 U.S.C. § 2253 . Because Contreras’ petition was filed prior to April 24, 1996, this appeal is unaffected by the Antiterrorism and Effective Death Penalty Act of 1996, Pub.L. No. 104-132, 110 Stat. 1214. See Jeffries v. Wood, 114 F.3d 1484, 1499 (9th Cir.1997) (en banc); accord Lindh v. Murphy, - U.S. -, 117 S.Ct. 2059 , 138 L.Ed.2d 481 (1997). We review the district court’s dismissal of the petition de novo, see Nakaranurack v. United States, 68 F.3d 290, 293 (9th Cir.1995), and affirm.

Background

In 1991, Contreras, an alien residing lawfully in the United States, pled no contest to assault with a firearm, in violation of Cal. Pen.Code § 245(a)(2). He was sentenced to three years. While in prison, Contreras was served by the INS with an order to show cause why he should not be deported, alleging that because of his conviction he was subject to deportation under 8 U.S.C. §§ 1251 (a)(2)(A)(i)(I) (crimes of moral turpitude) and 1251(a)(2)(C) (firearm offenses). Contreras then…