Zuniga-Aldama

MEMORANDUM **

Edmundo Zuniga-Aldama, a native and citizen of Mexico, petitions for review of the dismissal by the Board of Immigration Appeals (“BIA”) of his appeal from an immigration judge’s (“IJ”) denial of his application for cancellation of removal. We have jurisdiction under 8 U.S.C. § 1105a(a), Garcia v. INS, 222 F.3d 1208 , 1209 n. 2 (9th Cir.2000) (per curiam), and § 1252(a). We review legal determinations de novo, Cortez-Felipe v. INS, 245 F.3d 1054, 1056 (9th Cir.2001), and factual determinations for substantial evidence, Vera-Villegas v. INS, 880 F.8d 1222, 1280 (9th Cir.2003). We grant the petition for review, and remand.

Zuniga-Aldama contends that he demonstrated that he was continuously present in the United States for over ten years and was eligible for cancellation of removal under 8 U.S.C. § 1229b(b)(l)(A). His contention is supported by the record. For instance, Zuniga-Aldama and David Hernandez — whom the BIA found testified credibly and consistently — testified that petitioner resided and worked in Arizona during the 1987 to 1989 time period that the IJ found was “in doubt.” The IJ erroneously found that Zuniga-Aldama was prima facie ineligible for…