Gonzalez

MEMORANDUM **

Adrian Diaz Gonzalez, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals’ decision affirming an immigration judge’s denial of his application for cancellation of removal. Diaz contends that the Board and the IJ erred in concluding that his departure to Mexico in 1994 interrupted his continuous physical presence in the United States. We have jurisdiction under 8 U.S.C. § 1252 , and we grant the petition.

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 continuous physical presence even if he is stopped and turned away at the border when he attempts to return.

Diaz testified that he went to Mexico for two weeks in April 1994. When he attempted to return to the United States, he was caught at the border and was detained for about seven hours. He testified that he “signed…