Sanchez

MEMORANDUM **

Petitioners Domingo Uribe Sanchez and Alicia Anacleto, husband and wife, petition for review of the Board of Immigration *900 Appeals’ (BIA) dismissal of their application for cancellation of removal.

The BIA held that Petitioners, although credible, failed to establish the requisite ten years of continuous physical presence in the United States because the husband testified inconsistently as to his date of entry and because Petitioners provided insufficient corroboration. However, the wife testified clearly that Petitioners entered in June of 1989 and that they had been present continuously since then. The independent corroborating witness testified consistently with the wife’s testimony.

The uncertainty in the husband’s testimony appears to have resulted from his nervousness, which in turn resulted from hostile questioning by the immigration judge (IJ). We do not disagree with the BIA’s conclusion that the IJ’s behavior did not rise to the level of a due process violation, because the IJ did not limit the evidence that Petitioners presented. But it is clear from the transcript of the hearing that the IJ’s behavior did detract from the husband’s ability to…