Blas Ruano-Martin v. ERIC H. HOLDER, Jr., Attorney General

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously concludes this case is suitable for decision**
without oral argument. See Fed. R. App. P. 34(a)(2).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
BLAS RUANO-MARTIN,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 06-71377
Agency No. A017-266-892
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted October 25, 2011**
Before: TROTT, GOULD, and RAWLINSON, Circuit Judges.
Blas Ruano-Martin, a native and citizen of Spain, petitions for review of the
Board of Immigration Appeals’ order dismissing his appeal from an immigration
judge’s removal order. We have jurisdiction under 8 U.S.C. § 1252. We review de
FILED
OCT 31 2011
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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novo constitutional claims, Khan v. Holder, 584 F.3d 773, 776 (9th Cir. 2009), and
we deny the petition for review.
Ruano-Martin’s contention that retroactive application of section 304 of the
Illegal Immigration Reform and Immigrant Responsibility Act of 1996, which
eliminated relief under former section 212(c) of the Immigration and Nationality
Act, violated his right to due process is unavailing. See United States v. Velasco-
Medina, 305 F.3d 839, 850 (9th Cir. 2002) (“To the extent he anticipated the
continued availability of § 212(c) relief after his guilty plea, his expectations were
neither reasonable nor settled under St. Cyr.”).
Ruano-Martin’s contention that application of 8 C.F.R. § 1212.3(f)(4)
violated his right to equal protection is also unavailing. Ruano-Martin was
ineligible to apply for relief under former section 212(c) regardless of whether he
was charged as removable under the grounds of inadmissibility or the grounds of
deportability. See United States v. Estrada-Torres, 179 F.3d 776, 779 (9th Cir.
1999), overruled on other grounds United States v. Rivera-Sanchez, 247 F.3d 905,
909 (9th Cir. 2001) (en banc), (criminal bars to section 212(c) relief enacted by
section 440(d) of the Antiterrorism and Effective Death Penalty Act of 1996
(“AEDPA”) apply to both excludable and deportable aliens); see also 8 C.F.R.
§ 1212.3(h)(2) (otherwise eligible aliens convicted by plea between April 24, 1996,

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and April 1, 1997, may apply for relief under former section 212(c) of the Act, “as
amended by section 440(d) of [AEDPA]”).
PETITION FOR REVIEW DENIED.

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