Limon v. Gonzales, __ F.3d __ (9th Cir. April 19, 2005) (court had jurisdiction to review denial of 212(k) waiver under INA 242(a)(2)(B)(ii), where BIA decision denying waiver was based on statutory ineligibility, rather than discretionary finding).
http://caselaw.lp.findlaw.com/data2/circs/9th/0371896p.pdf