Trinidad-Contreras

MEMORANDUM **

Jose Cruz Trinidad-Contreras petitions for review from the Board of Immigration Appeals’ (BIA) affirmance of the Immigration Judge’s (IJ) determination that he was ineligible for relief from removal under § 212(c) of the Immigration and Nationality Act, 8 U.S.C. § 1182 (e)(repealed 1996), because he was convicted of a felony in 1990 while his application for legal permanent resident (LPR) status was pending. Trinidad-Contreras argues that (1) his plea which resulted in the disqualifying conviction was unlawfully obtained, (2) the Department of Homeland Security (DHS) is statutorily time-barred and equitably es-topped from removing him, and (3) his removal violates his right to equal protection. 1 We have jurisdiction pursuant to 8 U.S.C. § 1252 .

We review non-discretionary eligibility determinations for relief from removal and due process challenges in immigration proceedings de novo. Vasquez-Zavala v. Ashcroft, 324 F.3d 1105, 1107 (9th Cir.2003) (exercising de novo review to due process challenge); Montero-Martinez v. Ashcroft, 277 F.3d 1137, 1145 (9th Cir.2002) (exercising de novo review over non-discretionary eligibility determination). We review the IJ’s…