Garcia-Rodriguez

MEMORANDUM **

Jesus Garcia-Rodriguez and Sandra Garcia, husband and wife and natives and citizens of Mexico, petition for review of an order of the Board of Immigration Appeals (“BIA”) affirming an immigration judge’s (“IJ”) decision pretermitting their applications for cancellation of removal. We have jurisdiction under 8 U.S.C. § 1252 . We review the agency’s physical presence determination for substantial evidence, Lopez-Alvarado v. Ashcroft, 381 F.3d 847, 850-51 (9th Cir.2004), and review due process challenges de novo, Munoz v. Ashcroft, 339 F.3d 950, 954 (9th Cir.2003). We grant the petition for review.

The BIA’s finding that petitioners did not demonstrate continuous physical presence was not supported by substantial evidence. Petitioners testified that they resided in the United States continuously for over ten years prior to service of their Notices to Appear, see 8 U.S.C. § 1229b(d), and explained their residences and occupations between 1991 and 1993 coherently and consistently. In the absence of an adverse credibility finding, we treat petitioners as having testified credibly and conclude that substantial evidence supports their claim of ten years continuous physical…