MEMORANDUM **

Jorge Avila-Ayala, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s removal order. We have *838 jurisdiction pursuant to 8 U.S.C. § 1252. We review de novo constitutional challenges. Masnauskas v. Gonzales, 432 F.3d 1067, 1069 (9th Cir. 2005). We deny the petition for review.

Avila-Ayala’s equal protection claim is not colorable because he was ineligible for relief under former Immigration and Nationality Act § 212(c) regardless of when proceedings were initiated against him. See Alvarez-Barajas v. Gonzales, 418 F.3d 1050, 1054 (9th Cir. 2005); 8 C.F.R. § 1212.3(h)(2) (section 440(d) of the Anti-terrorism and Effective Death Penalty Act of 1996 applies to guilty pleas made between April 24, 1996 and April 1, 1997).

PETITION FOR REVIEW DENIED.