Miguel Romero-Gonzalez v. Eric H. Holder Jr

MEMORANDUM

Petitioner Miguel Romero-Gonzalez (“Petitioner”) petitions for review of an April 17, 2008 order of the Board of Immigration Appeals (BIA), dismissing his administrative appeal of the Immigration Judge’s (IJ) December 13, 2006 decision finding him removable and denying his application for adjustment of status. The agency denied the petitioner’s claim based on its finding that Petitioner failed to establish his physical presence in the United States on December 21, 2000. We have jurisdiction to review the BIA’s decision based on 8 U.S.C. § 1252 (a) & (b), or Section 242(a) & (b) of the Immigration and Nationality Act (INA), and we grant the petition.

I.

Petitioner, a thirty-one-year-old citizen of Mexico, filed an Application to Adjust Status (Form 1-485) on April 27, 2004, based on a previously approved Petition for Alien Relative (Form 1-130) filed by his United States spouse, Obdulai Gonza lez. Pursuant to this application, Petitioner was interviewed by a District Adjudication Officer (DAO) on September 15, 2004. On his application and at the interview, Petitioner represented that his first departure from the United States after his arrival was a trip to Mexico in…