Verdugo

MEMORANDUM **

Reynaldo Barraza Verdugo, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision summarily affirming an immigration judge’s (“IJ”) decision denying his application for cancellation of removal. We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence the agency’s factual findings. Melkonian v. Ashcroft, 320 F.3d 1061, 1065 (9th Cir.2003). We deny in part and grant in part the petition for review, and remand for further proceedings consistent with this memorandum disposition.

Verdugo testified that he entered the United States in approximately June 1993. Substantial evidence therefore supports the IJ’s finding that he failed to establish his continuous physical presence in the United States during the 10 years prior to service of the notice to appear on Novem *561 ber 14, 2002. See 8 U.S.C. § 1229b(b)(l)(A), (d)(1).

Substantial evidence also supports the IJ’s findings that Verdugo was ineligible for any other forms of relief, with the exception of voluntary departure. At the time of the hearing Verdugo was no longer married to his United States citizen spouse. The petition that she had filed…