Alvarez-Aceves

MEMORANDUM *

Roberto Alvarez-Aceves, a legal permanent resident, appeals the district court’s denial of his petition for habeas corpus. Alvarez, a native and citizen of Mexico, immigrated to the United States when he was three years old, and became a legal permanent resident in 1989. On October 27, 1995, at age nineteen, Alvarez was convicted by a jury of two counts of assault under California law. Based on this conviction, the Immigration and Naturalization Service (INS) issued an order to show cause (OSC) on March 26, 1996 alleging that Alvarez was deportable pursuant to a section of the Immigration and Nationality Act (INA) that renders aliens convicted of certain firearm offenses deportable. See 8 U.S.C. § 1251 (a)(2)(C) (1997) (now codified at 8 U.S.C. § 1227 (a)(2)(C)). Alvarez argues that he was denied due process based on ineffective assistance of counsel during his removal hearing. Alternatively, Alvarez argues that there is insufficient evidence to establish that he was convicted of a qualifying firearm offense. Lastly, Alvarez contends that the Immigration Judge (IJ) erred in finding him ineligible for relief from deportation under the former INA § 212(c), 8 U.S.C. §…