Nunez

MEMORANDUM **

Alejandro Sandoval Nunez and his wife, Alma Luz Sandoval, natives and citizens of Mexico, petition for review of the Board of *929 Immigration Appeals’ (“BIA”) order dismissing their appeal from an Immigration Judge’s (“IJ”) order denying their applications for cancellation of removal. We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review the agency’s continuous physical presence determination for substantial evidence. See Ibarra-Flores v. Gonzales, 489 F.3d 614 , 618 (9th Cir.2006). We review the denial of a continuance for abuse of discretion. See Barapind v. Reno, 225 F.3d 1100, 1113 (9th Cir.2000). We grant the petition for review and remand.

An intervening change in the law requires us to remand on the issue of continuous physical presence. In Ibarra-Flores, we held that administrative voluntary departure under threat of deportation breaks the accrual of continuous physical presence only where the alien is informed of the terms of the departure and knowingly and voluntarily accepts the terms of departure. See Ibarra-Flores, 439 F.3d at 619; see also Tapia v. Gonzales, 430 F.3d 997, 1004 (9th Cir.2005). In the record, there is no documentation showing…