Gonzalez

Gonzalez v. Gonzales

Good Law
181 F. App'x 663
United States Court of Appeals for the Ninth CircuitMay 19, 2006No. 04-74698California475 words

Opinion

Lead Opinion

MEMORANDUM **

Yesenia Escamilla Gonzalez, 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 her application for cancellation of removal for failure to satisfy the continuous physical presence requirement of 8 U.S.C. § 1229b(b)(l)(A). Escamilla Gonzalez contends that the immigration judge erred in holding that two *664 departures to Mexico interrupted her continuous presence. We have jurisdiction under 8 U.S.C. § 1252 . We grant the petition and remand for further proceedings.

We reject respondent’s contention that Escamilla Gonzalez failed to exhaust administrative remedies. Her pro se notice of appeal to the Board raised the issue of continuous physical presence. See 8 U.S.C. § 1252 (d)(1); Ladha v. INS, 215 F.3d 889, 903 (9th Cir.2000).

We also reject Escamilla Gonzalez’s contention that the immigration judge erred in holding that her departures in 2000 interrupted her continuous presence when the judge also found that she entered the United States on December 20, 1989. Escamilla Gonzalez was required to establish ten years of continuous physical presence immediately…

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