Pintor Angel v. Gonzales

MEMORANDUM **

Maria Eugenia Pintor Angel, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ summary affirmance of an immigration judge’s denial of her application for cancellation of removal for failure to establish ten years of continuous physical presence in the United States, as required by 8 U.S.C. § 1229b(b)(l)(A). She contends that her return to Mexico in 1996 did not interrupt her presence in the United States because it was not an administrative voluntary departure under threat of deportation. We have jurisdiction under 8 U.S.C. § 1252 . We grant the petition for review and remand for further proceedings.

Pintor Angel testified that in June 1996 immigration officials found her at her workplace, detained her, photographed her, and took her to Tijuana in a bus. She *205 testified that the officials did not fingerprint her and did not give her any papers to sign. She also testified that the officials told her “[tjhat [she] signed for voluntary departure.” The immigration judge took “judicial notice that one who is apprehended at a work site and goes to Mexico on one of the INS buses, certainly would have received from INS some…