Mena-Sanchez

MEMORANDUM **

Genaro Mena-Sanchez and Sarai Castro de Mena, natives and citizens of Mexico, petition for review of the decision of the Board of Immigration Appeals (“BIA”) affirming without opinion the Immigration Judge’s (“IJ”) denial of their applications for cancellation of removal. We have jurisdiction under 8 U.S.C. § 1252 (a)(1). We review legal questions de novo, and factual findings for substantial evidence. See Tawadrus v. Ashcroft, 364 F.3d 1099, 1102 (9th Cir.2004). We grant the petition for review.

Petitioners contend that the BIA violated their right to counsel in immigration proceedings by failing to inform them that their attorney, Miguel Gadda, was suspended from practice before the BIA while their appeal was pending. We agree. The BIA suspended Mr. Gadda on October 2, 2001. The BIA affirmed the Id’s denial of petitioners’ application for cancellation of removal on April 23, 2002, noting in the decision that counsel of record had been suspended, and that petitioners were now proceeding pro se. The BIA’s failure to provide petitioners with notice of counsel’s suspension, and to obtain a knowing and voluntary waiver of the right to counsel, constituted a denial of…