Cornejo-Valle

MEMORANDUM ***

Candelario Cornejo-Valle, a native and citizen of El Salvador, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) summary affirmance of an immigration judge’s (“IJ”) denial of his request for a waiver of inadmissibility under former Immigration and Nationality Act Section 212(c) as an alien convicted of two offenses for possession of a controlled substance. We apply the transitional rules under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, and we have jurisdiction under 8 U.S.C. § 1105a(a). Garcia v. INS, 222 F.3d 1208 , 1209 n. 2 (9th Cir.2000) (per curiam). We review for abuse of discretion. Georgiu v. INS, 90 F.3d 374, 375 (9th Cir.1996) (per curiam). We grant the petition for review and remand.

The IJ abused his discretion when he denied Cornejo’s request for a section 212(c) waiver on the ground that Cornejo was statutorily ineligible for a waiver. See 8 U.S.C. § 1182 (c) (repealed); Ortega de Robles v. INS, 58 F.3d 1355, 1358 (9th Cir.1995) (setting forth eligibility requirements). The IJ failed to consider the application and materials in the record, which indicate that Cornejo did show eligibility. See…