Bhagwagar
Bhagwagar v. Immigration & Naturalization Service
Opinion
Lead Opinion
MEMORANDUM **
Dinshaw Bhagwagar, a native and citizen of India, appeals pro se the district court’s denial of his 28 U.S.C. § 2241 habeas petition against the Immigration and Naturalization Service (“INS”). Bhagwagar was ordered deported based on his California criminal conviction for possession of cocaine for sale. We have jurisdic *353 tion pursuant to 28 U.S.C. § 2253 . Reviewing de novo, Murphy v. Hood, 276 F.3d 475, 477 (9th Cir.2001), we affirm.
Under the law in effect when Bhagwagar entered a nolo contendere plea on September 16, 1996, his conviction for possession of cocaine for sale precluded his eligibility for relief under former 8 U.S.C. § 1182 (c) (“section 212(c)”). See Magana-Pizano v. INS, 200 F.3d 603, 606-07 (9th Cir.1999). Therefore, contrary to his contention, section 440(d) of the Antiterrorism and Effective Death Penalty Act of 1996 was not applied retroactively to Bhagwagar. See INS v. St. Cyr, 533 U.S. 289, 315, 326 , 121 S.Ct. 2271 , 150 L.Ed.2d 347 (2001) (holding section 212(c) relief remains available to aliens who would have been eligible for such relief under the law in effect at the time of their pleas).