Morales

MEMORANDUM **

This is an appeal from the district court’s denial of Petitioner-Appellant’s petition for a writ of habeas corpus. We affirm.

Petitioner-Appellant Jaime Armando Morales (“Morales”) is a citizen of Mexico. He became a lawful permanent resident of the United States in 1988. On September 19, 1996, Morales pleaded guilty to grand theft auto, and received a sentence of three years.

On January 27, 2000, the Immigration and Naturalization Service (“INS”) began removal proceedings against Morales based upon his 1996 conviction of an aggravated felony. On May 7, 2001, the immigration judge determined that Morales was removable on the basis of that conviction. Morales argued that although 8 U.S.C. § 212 (c) relief no longer existed, it had existed at the time of his guilty plea and he had relied upon its availability. The immigration judge found that Morales was not eligible for § 212(c) relief, and ordered him removed from the United States.

Morales made a timely appeal to the Board of Immigration Appeals (“BIA”). On August 13, 2002, it affirmed the immigration judge’s decision. In June of 2003, Morales commenced this action. On September 29, 2003, the district court…