Richards-Diaz

I.

Mario Richards-Diaz (“Richards”) appeals the district court’s denial of his petition for a writ of habeas corpus. He argues that § 440(d) of the Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”) violates the Equal Protection component of the Fifth Amendment of the Constitution; that the application of AED-PA and the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (“IIRIRA”) to his case constitutes an impermissible retroactive application of the laws; and that the Court should use its equitable powers to terminate his removal proceedings and compel the Attorney General to initiate deportation proceedings. The government argues that we lack jurisdiction in the matter. Alternatively, it contends that, if we do have jurisdiction, we should affirm the district court on the merits.

II.

Richards is a native and citizen of Mexico. He was lawfully admitted into the United States in 1975. On February 21, 1996, pursuant to a guilty plea, Richards was convicted of transportation of a controlled substance in violation of § 11379(a) of the California Health and Safety Code. He was sentenced to 180 days’ incarceration. That conviction made him deporta-ble…