Edralin

MEMORANDUM

Petitioners seek review of the BIA’s denial of their request for a waiver of inadmissibility under the Immigration and Nationality Act for failing to make a reasonably diligent effort to ascertain their inadmissibility. INA § 212(k), 8 U.S.C. § 1182 (k). We grant the petition for review and remand for reconsideration.

We have jurisdiction to review the reasonable diligence determination required by INA § 212(k). Section 212(k) grants the Attorney General discretion to grant or deny a waiver of inadmissibility when an applicant has met all of the eligibility criteria. See Nakamoto v. Ashcroft, 368 F.3d 874, 880-81 (9th Cir.2004) (holding that the decision is “entirely discretionary” when the Attorney General can deny relief, even if an alien satisfies the statutory requirements). While we are unable to review entirely discretionary decisions under 8 U.S.C. § 1252 (a)(2)(B)(ii), we have established that when the INA specifies that an overall decision is discretionary, this court retains jurisdiction to review any non-discretionary eligibility criteria involved in that decision. Kalaw v. INS, 133 F.3d 1147, 1150 (9th Cir.1997). Whether an applicant exercised reasonable…