Corces-Guadarama

Corces-Guadarama v. Gonzales

Good Law
146 F. App'x 898
United States Court of Appeals for the Ninth CircuitOctober 21, 2005No. 04-70999California260 words

Opinion

Lead Opinion

MEMORANDUM **

Alfredo Corces-Guadarama, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) dismissal of an immigration *899 judge’s (“IJ”) denial of his application for cancellation of removal. We have jurisdiction pursuant to 8 U.S.C. § 1252 . Because the BIA adopted a portion of the IJ’s decision, we review the BIA’s decision and part of the IJ’s decision. See Molina-Estrada v. INS, 293 F.3d 1089, 1093 (9th Cir.2002). We review for substantial evidence, see Lopez-Alvarado v. Ashcroft, 381 F.3d 847, 850 (9th Cir.2004), and we grant the petition for review, and remand for further proceedings.

Substantial evidence does not support the agency’s determination that Corces-Guadarama failed to establish ten years of continuous physical presence. Through his credible testimony, his written application for cancellation of removal and several documents from Plaza Plastics Corporation, 1 Corces-Guadarama presented sufficient evidence to establish he had been in the United States for ten years, starting on November 13, 1988. See Lopez-Alvarado, 381 F.3d at 854 .

Accordingly, we grant Corces-Guadarama’s petition for review and reverse…

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