Varela-Gutierrez

MEMORANDUM *

Moisés Varela-Gutierrez (‘Varela-Gu-tierrez”) petitions for review of the Board of Immigration Appeals’ (“BIA”) summary affirmance of an Immigration Judge’s (“IJ”) decision denying him a waiver of inadmissibility under Immigration and Nationality Act (“INA”) § 212(h), 8 U.S.C. § 1182 (h). 1 We have jurisdiction pursuant to 8 U.S.C. § 1252 (a), and we grant the petition and remand for a new hearing.

Varela-Gutierrez contends that the IJ violated his constitutional due process “right to a full and fair hearing” by prejudging the case, because she considered the certificate of probable cause (“CPC”) to be conclusive proof of the facts of the underlying offense before hearing testimony, and because she denied him the opportunity to present his mother-in-law as a witness. 2 Torres-Aguilar v. INS, 246 F.3d 1267, 1270 (9th Cir.2001); see U.S. Const. amend. V; see also 8 U.S.C. § 1229a(b)(4)(B).

*866 As a threshold matter, we must determine whether we have jurisdiction over this claim. Under the REAL ID Act, while generally we may not “review ... any judgment regarding the granting of relief under [inter alia] section 1182(h),” we may nevertheless review “constitutional…