Mondragon-Lopez

MEMORANDUM **

Maria Roman Salgado, 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. 1 We have jurisdiction under 8 U.S.C. § 1252 . We grant the petition and remand for further proceedings.

Roman-Salgado contends that the immigration judge erred in concluding that she failed to satisfy the continuous physical presence requirement under 8 U.S.C. § 1229b(b)(l)(A). In her application for cancellation of removal she stated that she departed the U.S. in December 1997. She stated that when she attempted to reenter in January 1998, she was detained by the INS and voluntarily returned to Mexico. During a preliminary session, the immigration judge determined that Roman-Salgado’s return in 1998 interrupted her continuous physical presence. Roman-Salgado did not testify about the circumstances of this return.

An alien who departs the United States pursuant to an administrative voluntary departure in lieu of deportation or removal proceedings interrupts his physical presence in the country. Vasquez-Lopez v. Ashcroft, 343 F.3d 961, 972 (9th Cir.2003)…