Guzman-Santana

Guzman-Santana v. Ashcroft

Good Law
96 F. App'x 493
United States Court of Appeals for the Ninth CircuitApril 26, 2004No. 03-56074California381 words

Opinion

Lead Opinion

MEMORANDUM **

Oscar D. Guzman-Santana, a native and citizen of El Salvador, appeals the district court’s denial of his 28 U.S.C. § 2241 habe *494 as petition. We have jurisdiction under 28 U.S.C. § 2253 , we review de novo, see Miles v. Prunty, 187 F.3d 1104, 1105 (9th Cir.1999) and we affirm.

Guzman-Santana contends that a waiver of inadmissibility pursuant to 8 U.S.C. § 1182 (h) violates his right to equal protection as an immigrant who had been admitted to this country as a legal permanent resident prior to committing an aggravated felony. This contention is unpersuasive. See Taniguchi v. Schultz, 303 F.3d 950, 957-58 (9th Cir.2002) (holding that there is a rational basis for denying the waiver to aggravated felon LPRs but not to other aliens).

Guzman-Santana next claims a due process violation because the immigration judge failed to inform him of the possibility for relief. This contention lacks merit. See United States v. Garzor-Sanchez, 217 F.3d 806, 810 (9th Cir.2000) (stating that an immigration judge is only required to inform the respondent of statutory grounds for relief from deportation found in the immigration laws); see also LaritaMartinez v. INS, 220 F.3d 1092,…

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