MEMORANDUM **

Javier Moreno-Estrada appeals the district court’s order denying his 28 U.S.C. § 2241 habeas corpus petition seeking an order vacating his removal order and requiring the immigration judge to consider the merits of his application for a waiver of inadmissibility under Section 212(h) of the Immigration and Nationality Act, 8 U.S.C. § 1282(h).

Moreno-Estrada contends that Section 212(h) denies him equal protection of the law by excluding legal permanent resident aliens convicted of an aggravated felony, *130but not other aliens convicted of an aggravated felony, from eligibility for the waiver of inadmissibility. We need not reach the government’s contention that Moreno-Estrada lacks standing to raise this challenge because Moreno-Estrada’s equal protection claim is clearly foreclosed on the merits. Taniguchi v. Schultz, 303 F.3d 950, 957-58 (9th Cir. 2002) (holding that a rational basis exists for denying § 212(h) waivers to aggravated-felon legal permanent residents but not to other aliens).

This district court’s judgment is AFFIRMED.