Arroyo-Gomez

MEMORANDUM *

Maria Estela Arroyo-Gomez (“Arroyo-Gomez”) seeks review of an order from the Board of Immigration Appeals (“BIA”), based on asserted error in the underlying decision of the Immigration Judge (“IJ”) denying her motion to reconsider the denial of her application for suspension of deportation. Arroyo-Gomez argues that the IJ erroneously applied the stop-time rule of the Illegal Immigration Reform and Immigrant Responsibility Act (“IIRIRA”) before IIRIRA became effective. We agree, grant the petition for review, and reverse and remand the case for further proceedings.

The IJ originally denied Arroyo-Gomez’s application for suspension of deportation based on failure to prove extreme hardship. Arroyo-Gomez moved for reconsideration of the decision and attached 184 pages of exhibits relating to the asserted extreme hardship.

In his order denying the motion to reconsider, the IJ mistakenly wrote that his original decision was based on the absence of continuous physical presence. Extreme hardship was described as a secondary ground for having denied the original application. The IJ noted that there was no *631 showing that the materials offered as exhibits were previously…