Barajas

Barajas v. Gonzales

Good Law
131 F. App'x 518
United States Court of Appeals for the Ninth CircuitMay 12, 2005No. 03-73973; Agency No. A73-422-755California298 words

Opinion

Lead Opinion

MEMORANDUM ***

Maria G. Barajas, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ decision affirming an Immigration Judge’s (“IJ”) order denying her application for suspension of deportation. We have jurisdiction pursuant to former 8 U.S.C. § 1105a(a). Kalaw v. INS, 133 F.3d 1147, 1150 (9th Cir.1997). Reviewing for substantial evidence, see id. at 1151 , we grant the petition for review.

The IJ erred by requiring corroborating documentation regarding physical presence. See Vera-Villegas v. INS, 330 F.3d 1222, 1225 (9th Cir.2003) (“the time element of an alien’s residency, like all *520 other elements in immigration hearings, may be shown by credible direct testimony or written declarations”). Barajas provided documentation of her employment beginning in 1993. To establish her physical presence from 1989 to 1993, Barajas offered her testimony, as well as the testimony of her aunt and uncle, and a written affidavit from Hilaria Barajas Ramirez. As the IJ did not make an explicit adverse credibility finding, she erred in concluding that Barajas failed to establish seven years of continuous physical presence in the United States merely based…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.