Tamayo-Menchaca

MEMORANDUM ***

Miguel Angel Tamayo-Menchaca and Lilia Carmen Navarro-Tamayo, natives and citizens of Mexico, challenge the respective orders of removal entered against them by the Board of Immigration Ap *45 peals (“BIA”). The BIA affirmed without opinion the decision of the Immigration Judge (“IJ”) denying Petitioners’ applications for cancellation of removal. We have jurisdiction under 8 U.S.C. § 1252 . 1 We review the IJ’s findings for substantial evidence, Ramos v. INS, 246 F.3d 1264, 1266 (9th Cir.2001), and review de novo questions of law and due process claims, see, e.g., Altamirano v. Gonzales, 427 F.3d 586, 591 (9th Cir.2005); Reyes-Melendez v. INS, 342 F.3d 1001, 1006 (9th Cir.2003). For the reasons discussed below, we grant in part Tamayo-Menchaca’s petition and deny Navarro-Tamayo’s petition.

I

The IJ erred as a matter of law in ruling that Tamayo-Menchaca’s false testimony statutorily precluded him from showing good moral character, without finding he had the subjective intent to deceive for the purpose of obtaining immigration benefits. Under 8 U.S.C. § 1101 (f)(6), “[n]o person shall be regarded as, or found to be, a person of good moral character who, during the…