Medrano-Balderas

MEMORANDUM **

Yolanda Medrano-Balderas, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals’ denial of her motion pursuant to 8 C.F.R. § 1003.2 to reconsider its decision affirming an immigration judge’s denial of her application for cancellation of removal. She contends that her departure to Mexico in 1997 did not interrupt her continuous physical presence in the United States. We have jurisdiction under 8 U.S.C. § 1252 , and we grant the petition for review.

We review the Board’s denial of a motion to reconsider for an abuse of discretion. Lara-Torres v. Ashcroft, 383 F.3d 968, 972 (9th Cir.2004), amended by 404 F.3d 1105 (2005). We will uphold the Board’s decision unless it is arbitrary, irrational, or contrary to law. Id.

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). After the Board issued its decision, we held, however, that an alien’s brief return to his native country for family reasons does not interrupt his…