Felix
Felix v. Gonzales
Opinion
Lead Opinion
MEMORANDUM **
José Luis Zazueta-Felix, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals’ summary affirmance of an immigration judge’s denial of his application for cancellation of removal for failure to satisfy the continuous physical presence requirement of 8 U.S.C. § 1229b(b)(l)(A) due to his departure to Mexico in 1992. We have jurisdiction under 8 U.S.C. § 1252 . We grant the petition and remand for further proceedings.
Zazueta-Felix testified that after immigration officials arrested him at the border in 1992, they let him go back to Mexico “voluntarily.” An 1-213 form stated that he “requested and was granted a voluntary departure to Mexico.”
An alien who departs the United States pursuant to an administrative voluntary departure in lieu of deportation or removal proceedings interrupts his physical presence in this country. Vasquez-Lopez v. Ashcroft, 343 F.3d 961, 972 (9th Cir.2003) (per curiam). When an alien is simply “turned around at the border” by immigration officials, however, his departure does not interrupt his continuous physical pres *658 ence. Tapia v. Gonzales, 430 F.3d 997, 1002-04 (9th Cir.2005) (finding no…