Avila

MEMORANDUM

Darlene De Fatima Avila (Avila) petitions for review of the decision of the Board of Immigration Appeals (BIA) finding her removable and ineligible for cancellation of removal. We have jurisdiction pursuant to 8 U.S.C. § 1252 . We grant Avila’s petition for review and vacate the order of removal.

We review the BIA’s determination of purely legal questions de novo. 8 U.S.C. § 1252 (a)(2)(D); Cazarez-Gutierrez v. Ashcroft, 382 F.3d 905, 909 (9th Cir.2004). While this Court lacks jurisdiction to review legal claims that were not presented to the BIA, 8 U.S.C. § 1252 (d)(1), a “petitioner is not limited to raising issues in exactly the same terms as they were presented to the Board.” Pagayon v. Holder, 642 F.3d 1226, 1232 (9th Cir.2011) (citing Vizcarra-Ayala v. Mukasey, 514 F.3d 870, 873 (9th Cir.2008)). In this case, we find adequate exhaustion.

The Department of Homeland Security (DHS) must prove by “clear, unequivocal, and convincing evidence that the facts alleged as grounds for [removal] are true.” Gameros-Hernandez v. INS, 883 F.2d 839, 841 (9th Cir.1989) (citing Woodby v. INS, 385 U.S. 276, 286 , 87 S.Ct. 483 , 17 L.Ed.2d 362 (1966)). DHS charged Avila as…