Varela-Rubalcaba

MEMORANDUM **

Jose Manuel Varela-Rubalcaba, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision summarily affirming without opinion an immigration judge’s (“IJ”) order denying his application for suspension of deportation. We have jurisdiction pursuant to 8 U.S.C. § 1252 . Sotelo v. Gonzales, 430 F.3d 968, 970 (9th Cir.2005). Reviewing for substantial evidence, Lopez-Alvarado v. Ashcroft, 381 F.3d 847, 851 (9th Cir.2004), we grant the petition for review and remand for further proceedings.

We reject the government’s contention that Varela-Rubalcaba failed to exhaust his claim that the IJ erred in his continuous physical presence determination. Varela-Rubalcaba adequately raised the issue in his pro se Notice of Appeal to the BIA. See Agyeman v. INS, 296 F.3d 871, 877-78 (9th Cir.2002).

The IJ’s decision contained no adverse credibility finding, so we accept Varela-Rubalcaba’s testimony as true. See Lopez-Alvarado, 381 F.3d at 851 . Moreover, the ruling failed to mention ei *867 ther the contents of Varela-Rubalcaba’s application for suspension of deportation or the employment authorization and birth certificate documents…