Patel

MEMORANDUM **

Vishal Bhupendra Patel, a native and citizen of the United Kingdom, petitions for review of the Board of Immigration Appeals’ (“BIA”) order summarily affirming the Immigration Judge’s (“IJ”) decision pretermitting his application for cancellation of removal. Legal determinations regarding a petitioner’s eligibility for cancellation of removal are reviewed de novo. See Montero-Martinez v. Ashcroft, 277 F.3d 1137, 1145 (9th Cir.2002). We grant the petition for review.

The IJ determined that Patel was statutorily ineligible for cancellation of removal because Patel was convicted of a controlled substance offense before Patel acquired seven years of continuous physical presence. See 8 U.S.C. § 1229b(a)(2). Patel argues that any lawful status accrued by his mother can be imputed to him, and this additional time would allow him to satisfy the seven-year continuous residence requirement. We agree and remand in order for him to present evidence on the issue. See Cuevas-Gaspar v. Gonzales, 430 F.3d 1013, 1029 (9th Cir.2005) (“for purposes of satisfying the seven-years of continuous residence ‘after having been admitted in any status’ required for cancellation of removal…