Vazquez

MEMORANDUM **

Valentin Luna Vazquez and his wife Leticia Patricia Santos Perez, both natives and citizens of Mexico, petition for review of the Board of Immigration Appeals’ summary affirmance without opinion of an immigration judge’s decision concerning their applications for cancellation of removal. We have jurisdiction pursuant to 8 U.S.C. § 1252 , and we deny in part and grant in part the petition for review.

Leticia withdrew her application for cancellation of removal at the start of her merits hearing. Moreover, petitioners’ opening brief does not address Leticia’s application. Accordingly, we deny the petition as to Leticia. See Cuevas-Gaspar v. Gonzales, 430 F.3d 1013 , 1021 n. 4 (9th Cir.2005) (explaining that issues not raised in the opening brief are deemed waived).

Valentin contends that the IJ erred in determining that he failed to meet the ten-year continuous physical presence requirement of 8 U.S.C. § 1229b(b)(l)(A) due to a departure from the United States in 1995. Although an administrative voluntary departure constitutes a break in continuous physical presence, see Vasquez-Lopez v. Ashcroft, 343 F.3d 961, 972 (9th Cir.2003) (per curiam), we recently held that…