Jorge Ibarra-Flores v. Alberto R. Gonzales, Attorney General

I. Introduction

This case comes before us on a petition for review of an order of the Board of Immigration Appeals (“BIA”) denying Jorge Ibarra-Flores’ (“petitioner”) application for cancellation of removal. For reasons set forth below, we grant the petition and remand for further proceedings.

II. Statement of Relevant Facts

Petitioner, a native and citizen of Mexico, illegally entered the United States in July 1989. On March 21, 1996, petitioner left the United States to visit family in Tijuana, Mexico. On March 28,1996, petitioner attempted to return to the United States but encountered immigration - officials. According to petitioner’s testimony, immigration officials told petitioner that because he had been in the United States over six years, he could apply for residence, but he first had to sign an unidentified document. After signing the document, petitioner was told that he had no right to request any type of immigration relief because he had signed a document “quitting all [his] rights in the United States.” According to petitioner’s Application for Cancellation of Removal and Adjustment of Status for Certain Nonper-manent Residents, petitioner returned to Mexico that…