Carrillo-Estrada

MEMORANDUM **

Luis Carrillo-Estrada, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals’ *685 (“BIA”) order affirming without opinion an immigration judge’s (“IJ”) order pretermitting his application for cancellation of removal on the ground that he is barred from establishing good moral character. We have jurisdiction under 8 U.S.C. § 1252 (a)(1) to review whether an alien’s conduct falls within a per se exclusion category for purposes of eligibility for cancellation of removal, see Moran v. Ashcroft, 395 F.3d 1089, 1091 (9th Cir.2005), and we review findings of fact for substantial evidence, id. at 1091 . We grant in part and dismiss in part the petition for review, and remand for further proceedings.

The IJ concluded that Carrillo-Estrada was statutorily ineligible for cancellation of removal, based on his testimony that he paid a smuggler to assist his wife to enter the United States without inspection. The agency did not have the benefit, however, of this court’s decision in Moran. See 395 F.3d at 1093-94 (stating that “the alien-smuggling provision ... does not operate to deny the applicant statutory eligibility ... for…