Wang

Wang v. Ashcroft

Good Law
71 F. App'x 624
United States Court of Appeals for the Ninth CircuitJuly 23, 2003No. 02-57047; D.C. No. CV-02-01623-IEGCalifornia283 words

Opinion

Lead Opinion

MEMORANDUM **

Jaw-Shi Wang appeals pro se the district court’s denial of his petition for a writ of habeas corpus under 28 U.S.C. § 2241 . We have jurisdiction under 28 U.S.C. §§ 1291 and 2253. We review de novo, Wade v. Terhune, 202 F.3d 1190, 1194 (9th Cir.2000), and we affirm.

Wang contends that application of section 440(d) of the Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”) results in an impermissible retroactive effect. This provision precludes aggravated felons from seeking a discretionary waiver of deportation under section 212(c) of the Immigration and Nationality Act (“INA”), 8 U.S.C. § 1182 (c). Because Wang did not plead guilty but was convicted by a jury, applying AEDPA § 440 does not result in any retroactive effect. See Armendariz-Montoya v. Sonchik, 291 F.3d 1116, 1121-22 (9th Cir.2002), cert. denied, — U.S. -, 123 S.Ct. 2247 , 156 L.Ed.2d 110 (2003).

We reject Wang’s contentions that his ineligibility for INA § 212(c) relief violates his rights to due process and equal protection of the law. See INS v. St. Cyr, 533 U.S. 289, 321-23 , 121 S.Ct. 2271 , 150 L.Ed.2d 347 (2001) (explaining that the government has a rational basis for treating…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.