Reyes-Espinoza

MEMORANDUM **

Sabina Reyes Espinoza, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals’ adoption and affirmance of an immigration judge’s (“IJ”) denial of her application for cancellation of removal. Our jurisdiction is governed by 8 U.S.C. § 1252 . We grant the petition for review and remand.

The IJ denied relief, in part, based on his determination that petitioner’s departure from the United States in 1999 interrupted her accrual of continuous physical presence. Although we have held an administrative voluntary departure constitutes a break in continuous physical presence, see Vasquez-Lopez v. Ashcroft, 343 F.3d 961, 972 (9th Cir.2003) (per curiam), we recently held that the fact that an alien is turned around at the border, i.e., voluntarily returned, 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 interrupt accrual of physical presence, see Tapia v. Gonzales, 430 F.3d 997, 1002-1004 (9th Cir.2005).

On the record before us, we cannot determine whether petitioner’s return to Mexico by immigration officials was the result…