Larin-Delgado

MEMORANDUM *

Oscar Larin-Delgado (“Larin”) petitions this Court for review of the Board of Immigration Appeals’ (“BIA”) dismissal of his appeal from a final order of removal. The BIA dismissed Larin’s appeal on the ground that he had waived his right to appeal in exchange for a grant of voluntary departure. Although he acknowledges having agreed to the waiver, Larin argues that the Board’s decision was nonetheless erroneous because his decision to waive his rights was not “considered and intelligent.” We agree with Larin and therefore grant his petition.

I. Exhaustion of Waiver Argument

This Court has jurisdiction to hear Larin’s appeal because the BIA expressly addressed the validity of Larin’s waiver in its final order, rather than declining to address Larin’s argument on procedural grounds. See Abebe v. Gonzales, 432 F.3d 1037, 1041 (9th Cir.2005) (en banc).

*726 I. Validity of Waiver

“For a waiver to be valid, the government must establish by ‘clear and convincing evidence’ that the waiver is ‘considered and intelligent.’ ” United States v. Pallares-Galan, 359 F.3d 1088, 1097 (9th Cir.2004) (internal citations omitted). A waiver is not “considered and intelligent” if,…