Hernandez

MEMORANDUM *

Petitioners Federico Arango Carreno (“Arango”), his wife, Gabriela Honiria Hernandez, and their daughter, Karla Montserrat Carreno, (collectively “Petitioners”), who are natives and citizens of Mexico, petition for review of the decision of the Board of Immigration Appeals (“BIA”), which affirmed without opinion the decision of the Immigration Judge (“IJ”). The IJ denied Petitioners’ applications for asylum and cancellation of removal, but granted voluntary departure. The IJ denied the cancellation of removal applications because Petitioners failed to establish 10 years of continuous physical presence and failed to establish the requisite hardship. We deny the petition with regard to the asylum claim, vacate the decision of the BIA as to the cancellation claims, and remand to the BIA to further clarify its reasons for affirming the LTs denial of the cancellation, claims.

Petitioners first argue that the IJ improperly relied on hearsay evidence when the IJ asked the government attorney to read an excerpt from the asylum officer’s report. This claim was not raised at the hearing or in Petitioners’ brief to the BIA. Therefore, the claim was not exhausted below, and we…