Marquez-Zermeno

*390 MEMORANDUM ***

Any alien convicted of “a violation of ... any law or regulation of a State, the United States, or a foreign country relating to a controlled substance” is inadmissible. 8 U.S.C. § 1182 (a)(2)(A)(i)(II). In 1985, pri- or to his erroneous admission, petitioner was convicted in California state court for possession of the controlled substance phencyclidine. Based on this conviction, petitioner in subsequent proceedings was found removable.'

The Immigration Judge found that the petitioner was ineligible for cancellation of removal under INA § 240A, 8 U.S.C. § 1229b. Although we have no jurisdiction to review “any judgment regarding the granting of relief under ... [section] 1229b,” 8 U.S.C. § 1252 (a)(2)(B)®, we have jurisdiction to review “constitutional claims or questions of law” under 8 U.S.C. § 1252 (a)(2)(D). “[W]hether, as a result of a prior conviction, petitioner was never ‘lawfully’ admitted for permanent residence within the meaning of section 1182 ... is a question of law.” Monet v. INS, 791 F.2d 752, 753 (9th Cir.1986).

Petitioner is ineligible for cancellation of removal as a lawful permanent resident under INA § 240A(a), 8 U.S.C. § 1229b(a). As a…