Galvez-Martinez

MEMORANDUM

Petitioners Jose Ramon Galvez-Mar-tinez, his wife Maria de Jesus Castaneda de Galvez, and daughter Alma Galvez-Cas-taneda petition for review of separate decisions of the Board of Immigration Appeals. For the reasons discussed below, we grant the petition in part with respect to Jose and remand to the BIA for further consideration of his eligibility for cancellation of removal. We deny the petition in part with respect to the imputation of Jose’s physical presence in the United States to Alma and the challenge to the applicability of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) to Maria and Alma. With respect to the BIA’s reduction of the period of voluntary departure granted to Maria and Alma, we grant the petition in part and remand Maria and Alma’s cases to the BIA to consider whether its In re A-M- policy should apply to these petitioners retroactively.

I. Statutory bars to Jose’s eligibility for cancellation of removal

Without admitting to error below, the Government concedes that Jose’s case should be remanded to the BIA. We agree because a determination of “good moral character” is not precluded here on either an “aggravated…