Mendoza-Calvillo

MEMORANDUM ***

Miguel Angel Mendoza-Calvillo and Maria Guadalupe De La Cruz-Arroyo, natives and citizens of Mexico, petition for review of the Board of Immigration Appeals’ (“BIA”) order dismissing their appeal from an immigration judge’s order denying their applications for cancellation of removal. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review questions of law de novo. Tapia v. Gonzales, 430 F.3d 997, 999 (9th Cir.2005). We grant in part and deny in part in part the petition for review.

An intervening change in the law requires us to remand the petition with respect to Mendoza-Calvillo. The BIA concluded that Mendoza-Calvillo could not establish good moral character for purposes of his cancellation of removal application because he testified that he paid a smuggler to assist his wife to enter the United States without inspection. See 8 U.S.C. §§ 1101 (f)(3), 1182(a)(6)(E)(i) (alien smuggler may not establish good moral character). The agency, however, did not have the benefit of this court’s recent decision in Moran v. Ashcroft, 395 F.3d 1089, 1093-94 (9th Cir.2005) (cancellation of removal application not barred by alien smuggling provision where applicant…