Velazquez

MEMORANDUM **

Lauro Jimenez Velazquez, a native and citizen of Mexico, petitions for review of *153 the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s order pretermiting his application for cancellation of removal on the ground that he is 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 questions of law de novo, Cabrera-Alvarez v. Gonzales, 423 F.3d 1006, 1009 (9th Cir.2005), and 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 BIA concluded that Velazquez was statutorily ineligible for cancellation of removal, based on his testimony that he paid a smuggler to assist his minor children to enter the United States without inspection. See 8 U.S.C. §§ 1101 (f)(3), 1182(a)(6)(E)(i) (stating that an alien who assists another alien to enter the United…