Rodriguez-Ozuna

MEMORANDUM *

Juan Carlos Rodriguez-Ozuna and Erika Hernandez-Salazar petition for review of the denial of their applications for cancellation of removal under 8 U.S.C. § 1229b by the Board of Immigration Appeals (“BIA”), which affirmed without opinion the decision of an Immigration Judge (“IJ”). The IJ denied both applications, finding Rodriguez-Ozuna statutorily ineligible for failure to demonstrate good moral character during the ten-year period preceding his application, see § 1229b(b)(l)(B), and finding Hernandez-Salazar statutorily ineligible for failure to demonstrate ten years’ continuous physical presence in the United States, see § 1229b(b)(l)(A).

Both parties agree that the IJ’s conclusion that Hernandez-Salazar was statutorily ineligible for cancellation of removal requires reconsideration in light of Tapia v. Gonzales, 430 F.3d 997 (9th Cir.2005), where we held that “being turned away at the border by immigration officials ... does not itself interrupt the accrual of an alien’s continuous physical presence.” Id. at 998 ; see also In re Avilez-Nava, 23 I. & N. Dec. 799, 799 (BIA 2005) (holding that an unsuccessful attempted reentry does not rupture the accrual of…