Navarro-Garcia

MEMORANDUM **

Juan Antonio Navarro-Garcia, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) dismissal of his appeal from an Immigration Judge’s denial of his application for cancellation of removal. He also petitions for review of the Legalization Appeals Unit’s (“LAU”) denial of his application for legalization. The LAU is now referred to as the Administrative Appeals Unit (“AAU”). See 8 C.F.R. § 245a.2(p). We have jurisdiction under 8 U.S.C. §§ 1252 and 1255a(f)(4)(A), grant the petition for review, and remand to the AAU for further proceedings.

*78 The government contends that we lack jurisdiction to consider Navarro-Garcia’s legalization-related claims, because he failed to refer to the LAU’s order in his counseled petition for review. See Fed. R.App. P. 15(a)(2)(C) (“The petition must ... specify the order or part thereof to be reviewed.”). A day later, however, Navarro-Garcia filed a second, pro se petition, which did refer to the LAU’s order. By the time this court issued an order mooting the latter petition, counsel had discussed the LAU’s order in a brief supporting jurisdiction and a stay of removal. The issue was also…