Zavala-Alvarez

MEMORANDUM ****

Jose Cruz Zavala-Alvarez, a native and citizen of Mexico, appeals the district court’s denial of his 28 U.S.C. § 2241 habeas corpus petition which challenged the order of removal entered by an immigration judge and affirmed by the Board of Immigration Appeals. We affirm.

(1) We note that following briefing and submission, the REAL ID Act of 2005, Pub.L. No. 109-13, 119 Stat. 231 (2005) was enacted. It appears to have eliminated habeas jurisdiction in cases such as the one before us. See id. § 106(a)(1)(A). We need not consider the effect of the Act on this case. Whether we review the appeal as one from the denial of a petition for habeas or treat it as a petition for review of the BIA’s decision, 1 we reach the same conclusion: The petition has no merit.

(2) Zavala primarily argues that he should have the benefit of the so-called petty offense exception. See 8 U.S.C. § 1182 (a)(2)(A)(ii)(II) (exception for alien who has committed only one crime). He asserts that if the provision does not apply to lawful permanent residents, his equal protection rights are violated. However, he failed to raise that claim at the district court, and spells out no exceptional…