Pichola

MEMORANDUM **

Silvia Velasco Pichola, a native and citizen of Guatemala, petitions pro se for re *603 view of the decision of the Board of Immigration Appeals dismissing her appeal from the immigration judge’s denial of her application for cancellation of removal. We have jurisdiction pursuant to 8 U.S.C. § 1252 . We grant the petition and remand for further proceedings.

Velasco Pichóla contends that the IJ erred as a matter of law in concluding that she failed to satisfy the continuous physical presence requirement under 8 U.S.C. § 1229b(b)(1)(A). Velasco Pichola testified that she was apprehended by immigration authorities and returned to Mexico in 1991 as she attempted to re-enter the United States after a brief trip to Guatemala. The IJ concluded that this apprehension and return constituted a break in Velasco Pichola’s continuous physical presence such that she failed to meet the requisite ten-years before issuance of the Notice to Appear.

We recently held that the fact that an alien is turned around at the border, even where the alien is fingerprinted and information about his attempted entry is entered into the government’s computer database, does not in and of itself…