Serrano-Salcedo

MEMORANDUM *

Petitioner Jesus Serrano-Salcedo appeals the denial of habeas corpus relief under 28 U.S.C. § 2241 by the District Court for the Northern District of California. The district court concluded that the application of § 304(b) of the Illegal Immi *804 gration Reform and Immigrant Responsibility Act (“IIRIRA”) 1 to an alien convicted of an aggravated felony before IIRIRA’s enactment would not result in an impermissible retroactive effect. The district court reasoned that because Mr. Serrano chose to proceed to trial and was sentenced to five years or more for his aggravated felony conviction, he could not have reasonably relied on the availability of the § 212(c) waiver of deportation that predated IIRIRA. 2 We affirm this decision.

Our recent decision in Armendariz-Montoya v. Sonchik is controlling. 291 F.3d 1116 (9th Cir.2002). In ArmendarizMontoya, we held that the application of § 440(d) of the Anti-terrorism and Effective Death Penalty Act (“AEDPA”) 3 to those aliens who were convicted after a jury trial prior to the enactment of AED-PA does not result in an impermissible retroactive effect. Id. at 1122. We reasoned that aliens who proceed to trial could not…