Andres Tadeo v. Eric H. Holder Jr.

MEMORANDUM

Andres Mariano Tadeo and his "wife, Emma Altagarcia Mariano, both citizens of Mexico, appeal the BIA’s decision affirming the IJ’s denial of cancellation of removal and denying their motion to reopen and remand.

The BIA’s decision is reviewed for substantial evidence and is disturbed “only if the evidence presented compels a reasonable factfinder to reach a contrary result.” Vera-Villegas v. INS, 330 F.3d 1222, 1230 (9th Cir.2003) (citation omitted) (internal quotation marks omitted). We grant the petition and remand for further proceedings.

I. Andres Mariano Tadeo

To be eligible for cancellation of removal Andres must prove by a preponderance of the evidence that he is “a person of good moral character,” 8 U.S.C. § 1229b(b)(l)(B), a fact which he is precluded from establishing if he gave “false testimony for the purpose of obtaining any” immigration benefit, 8 U.S.C. § 1101 (f)(6). Andres’s former, and now-disbarred, counsel incorrectly listed 1989 as Andres’s date of entry on his initial asylum application. Andres repeated the incorrect date to an asylum officer because his counsel told Andres that he could not correct the date. The record lacks sufficient…