Aparicio-Mendoza

MEMORANDUM **

Jose Aparicio-Mendoza, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision dismissing his appeal of 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 evi *728 dence the BIA’s determination regarding continuous physical presence in the United States. Lopez-Alvarado v. Ashcroft, 381 F.3d 847, 850-51 (9th Cir.2004). We grant the petition for review and remand.

The BIA denied Aparicio-Mendoza’s application on adverse credibility grounds. The IJ, however, did not make a credibility finding and the BIA is proscribed from doing so without prior notice to the petitioner. See Mendoza Manimbao v. Ashcroft, 329 F.3d 655, 659 (9th Cir.2003).

Substantial evidence does not support the agency’s finding that Aparicio-Mendoza did not demonstrate his continuous physical presence for ten years prior to August 31, 1998. Many documents corroborate Aparicio-Mendoza’s testimony regarding his presence in 1991 and thereafter. Regarding the earlier period, he testified that he entered the United States as a tourist in April…