Arcinega-Contreras

MEMORANDUM ***

Guillermo Arcinega-Contreras, a native and citizen of Mexico, petitions for review of a decision of the Board of Immigration Appeals (“BIA”), summarily affirming the immigration judge’s (“IJ”) denial of his application for cancellation of removal. Conceding ineligibility for cancellation, Arcinega-Contreras argues that his Fifth Amendment right to equal protection was violated by the commencement of removal proceedings against him pursuant to 8 C.F.R. § 208.14 and section 309(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, Pub.L. No. 104-208, div. C, 110 Stat. 3009 (“IIR-IRA”). We deny the petition.

I.

Arcinega-Contreras entered the United States without inspection in 1986 and has lived here ever since. He has no convictions. His dealings with immigration authorities appear to have begun when he filed an asylum application. The asylum officer denied the application, which, pursuant to 8 C.F.R. § 208.14 , obliged the officer to refer Arcinega-Contreras to removal proceedings. Because the proceedings commenced after April 1,1997 — IIRIRA’s effective date pursuant to section 309(a) of the Act — Arcinega-Contreras was subject to removal…