Peralta Gandarilla v. Gonzales

MEMORANDUM **

Floritulia Peralta Gandarilla, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an immigration judge’s (“IJ”) decision denying her application for cancellation of removal. We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence the agency’s determination regarding continuous physical presence in the United States, Lopez-Alvarado v. Ashcroft, 381 F.3d 847, 850-51 (9th Cir.2004), and we grant the petition for review and remand.

The BIA concluded that Gandarilla failed to prove her continuous physical presence between February 27, 1988 and February 27, 1998. However, a letter from Gandarilla’s employer stated that payroll records indicated that she was a permanent employee and started work in California on February 18, 1988. Several earnings statements and W-2 forms and tax returns for 1988 and subsequent years indicate steady full-time employment in California. Gandarilla’s son’s California birth certificate and Immunization record indicate Gandarilla’s presence in December 1988 and thereafter. Independent documentary evidence therefore establishes her presence…