Moreno-Corona

MEMORANDUM ***

Jose Abel Moreno-Corona, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his application for suspension of deportation. We have jurisdiction pursuant to 8 U.S.C. § 1105a(a). Ram v. INS, 243 F.3d 510, 512 (9th Cir.2001). We review de novo, id. at 513 , and we deny the petition.

Moreno-Corona argues that the BIA erred in applying the Illegal Immigration Reform and Immigrant Responsibility Act’s (“IIRIRA”) stop-time provision, IIR-IRA § 309(c)(5), to his application for suspension of deportation. The BIA properly applied the stop-time provision because the stop-time provision applies to all applications for suspension of deportation that were pending on the date of IIRIRA’s enactment. See Ram, 243 F.3d at 516 . Under the stop-time provision, Moreno-Corona stopped accruing time towards the continuous physical presence requirement on September 24,1996, when the Immigration and Naturalization Service issued the order to show cause. See id. at 514-16 . Moreno-Corona’s contentions that the government should be equitably estopped from applying the stop-time rule and that the rule violates his due process…