Villalobos

MEMORANDUM **

Juan Manuel Olmos Villalobos, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s order pretermitting 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.

Villalobos testified that he assisted his wife when entering the United States without inspection near Tijuana. The BIA concluded that he was statutorily ineligible for cancellation of removal and ineligible for a waiver. See 8 U.S.C. §§ 1101 (f)(3), 1182(a)(6)(E)© (stating that an alien who assists another alien to enter the…