Garcia-Olivares

MEMORANDUM **

Mario Alfonso Garcia-Olivares, his wife Emma Ramirez De Garcia, and their two minor children, Emmelin Mayte Garcia-Ramirez and Bruno Alfonso Garcia-Ramirez, natives and citizens of Mexico, petition for review of the Board of Immigration Appeals’ (“BIA”) order dismissing their appeal from an immigration judge’s order pretermitting their applications for cancellation of removal on the ground that they were statutorily precluded from establishing good moral character. We have jurisdiction under 8 U.S.C. § 1252 (a)(1) to review whether an alien’s conduct falls within a per se exclusion category for purposes of eligibility for cancellation of removal. Romero-Torres v. Ashcroft, 327 F.3d 887, 890 (9th Cir.2003). We review findings of fact for substantial evidence. Moran v. Ashcroft, 395 F.3d 1089, 1091 (9th Cir.2005). We grant the petition for review, and remand for further proceedings.

The adult petitioners testified that they paid a smuggler to assist them and their minor children to enter the United States without inspection. The BIA concluded that the adult petitioners were statutorily ineligible for cancellation and ineligible for a waiver. See 8 U.S.C. §§ 1101…