Lopez-Perez

MEMORANDUM **

Jose Luis Lopez-Perez petitions for review of the Board of Immigration Appeals’ order which concluded that the application of the Illegal Immigration Reform and Immigrant Responsibility Act (“IIRIRA”), Pub.L. No. 99-603, 100 Stat. 3359, to Lopez-Perez was not impermissibly retroactive. The facts and prior proceedings are known to the parties, and are restated herein only as necessary.

I

The elements that made retroactive application of IIRIRA problematic in INS v. St. Cyr, 533 U.S. 289 , 121 S.Ct. 2271 , 150 L.Ed.2d 347 (2001), are either lacking here or have already been discussed and dismissed by prior Ninth Circuit precedent. Lopez-Perez’s attempt to distinguish his position from Jimenez-Angeles v. Ashcroft, 291 F.3d 594 (9th Cir.2002), based on his application for amnesty through the Seasonal Agricultural Worker (“SAW”) program, is unavailing. Jimenez-Angeles compels the conclusion that Lopez-Perez’s actual loss — the ability to live undetected — is not a benefit commensurate with the loss of constitutional rights. 291 F.3d at 602 .

Lopez-Perez had no settled expectation of a right to apply for suspension of deportation. It appears that Lopez-Perez only…