Oscar Rojas-Garcia v. John Ashcroft, Attorney General Immigration and Naturalization Service Robert S. Coleman, Jr.

Appellant Oscar Rojas-Garcia is subject to a final order of deportation. Rojas-Garcia does not challenge deportability, but rather challenges the determination that he is inadmissible, and therefore ineligible for adjustment of status, under the Immigration and Naturalization Act (INA) § 212(a)(2)(C). In this petition for Writ of Habeas Corpus, filed pursuant to 28 U.S.C. § 2241 , Rojas-Garcia raises constitutional challenges to the Immigration Judge (IJ)’s denial of adjustment of status, to the Board of Immigration Appeals (BIA)’s refusal to accept his counsel’s untimely brief on appeal, and to the BIA’s denial of his motion to reconsider in light of his counsel’s untimely filing of a brief on appeal more than three years after the deadline. We have jurisdiction, INS v. St. Cyr, 533 U.S. 289, 314 , 121 S.Ct. 2271 , 150 L.Ed.2d 347 (2001), and we affirm the district court’s denial of the petition.

I

Rojas-Garcia is a native and citizen of Mexico. The Immigration and Naturalization Service (INS) issued an Order to Show Cause on January 26, 1995, alleging Rojas-Garcia was deportable because he entered the United States without inspection and was convicted in Washington,…