Gonzalez-Alvarado

MEMORANDUM **

In 1998, Gonzalez-Alvarado was ordered deported under 8 U.S.C. § 1227 (a)(l)(E)(I) for engaging in alien smuggling activity within five years of entry into the United States. Gonzalez appeals the denial of his habeas petition alleging that: 1) his alien smuggling activity did not occur within five years of an entry into the United States; 2) 8 U.S.C. § 1229b(c)(6) violates equal protection; 3) his right to due process was violated when the BIA issued a decision without opinion; and 4) his counsel was ineffective. We affirm the district court’s denial of the habeas petition.

I

8 U.S.C. § 1227 (a)(l)(E)(I) provides that an alien who knowingly encourages, induces, assists, abets or aids another alien to illegally enter the United States within five years from the date of any of his own entries is deportable. Gonzalez-Alvarado knowingly engaged in alien smuggling activity in 1997. The district court correctly held that this activity was within five years of his entries in 1993 and 1996. Gonzalez-Alvarado entered the United States in 1993 when he crossed the border from Mexico. He also entered the United States in 1996 when an immigration judge granted his 212(c)…