Ayala-Caballero

MEMORANDUM **

Ruben Ayala-Caballero, a citizen and native of Mexico, appeals the district court’s dismissal of his petition for habeas corpus relief from deportation. In his habeas petition, Mr. Ayala-Caballero claimed that: (1) a statute providing relief to a limited group of aliens who smuggle family members into the United States violated his constitutional right to equal protection; (2) the Board of Immigration Appeals (BIA) acted in contravention of customary international law by failing sufficiently to consider in his deportation hearing the best interest of his United States citizen children; (3) the BIA arbitrarily exercised its discretion on appeal when it declined to suspend his deportation under INA § 244; and (4) the BIA abused its discretion by denying his motion to reopen. We have jurisdiction to review three of these four claims and affirm the district court’s denial of habeas relief on the claims of which we have jurisdiction. As the parties are familiar with the factual and procedural history of this case, we will only recount it as necessary to explain our decision.

ANALYSIS

A. Equal Protection

Mr. Ayala-Caballero contends that 8 U.S.C. § 1101 (f)(3), read in…