With no explanation, chose the best option from "A", "B", "C" or "D". this decision. Our recent decision in Armendariz-Montoya v. Sonchik is controlling. 291 F.3d 1116 (9th Cir.2002). In ArmendarizMontoya, we held that the application of § 440(d) of the Anti-terrorism and Effective Death Penalty Act (“AEDPA”) to those aliens who were convicted after a jury trial prior to the enactment of AED-PA does not result in an impermissible retroactive effect. Id. at 1122. We reasoned that aliens who proceed to trial could not demonstrate reasonable reliance upon § 212(c) discretionary eligibility because “[ujnlike aliens who pleaded guilty, aliens who elected a jury trial cannot plausibly claim that they would have acted any differently if they had known about § 440(d).” Id. at 1121; cf. INS v. St. Cyr, 533 U.S. 289, 321-22, 121 S.Ct. 2271, 150 L.Ed.2d 347 (2001) (<HOLDING>). Mr. Serrano pleaded not guilty and chose to

A: recognizing burden is on alien when alien is removable
B: recognizing that an alien is ineligible for relief under  212c if he was not actually admissible at the time he received an adjustment of status
C: holding that the ijs failure to inform alien that he is eligible for relief from deportation constitutes due process violation where alien establishes prejudice
D: holding that iirira and aedpa are not applicable to criminal alien who entered a guilty plea at a time when alien was eligible for  212c relief
D.