Salvador

*771 MEMORANDUM

Salmerón Salvatierra Salvador appeals the district court’s denial of his 28 U.S.C. § 2241 habeas corpus petition, which challenged a removal order issued by the Bureau of Immigration Appeals. We affirm.

Section 212(h) of the Immigration and Nationality Act, 8 U.S.C. § 1182 (h), precludes any discretionary waiver of deportation by the Attorney General for “an alien lawfully admitted for permanent residence if ... since the date of such admission, the alien has been convicted of an aggravated felony.” Salvador’s argument that the Immigration Judge violated his due process rights by not advising him that he could apply for relief under § 212(h) has no merit. The record reflects that Salvador was convicted of three counts of child sexual abuse, an aggravated felony. See 8 U.S.C. § 1101 (a)(43)(A) (defining “aggravated felony” to include “murder, rape, or sexual abuse of a minor.”). Since he was not eligible for a discretionary waiver, the Immigration Judge’s failure to advise him that he could apply for one was not a constitutional defect.

The holding of INS v. St. Cyr, 533 U.S. 289 , 121 S.Ct. 2271 , 150 L.Ed.2d 347 (2001), is inapplicable to Salvador’s…