Rogelio Salas-Gomez v. Eric Holder, Jr.

MEMORANDUM

Rogelio Salas-Gomez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal and denying his application for cancellation of removal. Because the parties are familiar with the factual history, we will not recount it here. We grant the petition for review and remand for further proceedings.

I

The Department of Homeland Security instituted removal proceedings against Salas-Gomez on April 28, 2011, by filing with the Immigration Court a Notice to Appear (“NTA”) charging that he was removable as an alien who has not been admitted or paroled, in violation of INA § 212(a)(6)(A)(i), 8 U.S.C. § 1182 (a)(6)(A)(i). Salas-Gomez conceded he was removable as charged, but requested cancellation of removal under INA § 240A(b)(l), 8 U.S.C. § 1229b(b)(l). During his hearings before the Immigration Judge (“IJ”), Salas-Gomez’s attorney stated Salas-Gomez may have had a prior controlled substance conviction. On June 13, 2011, the IJ found Salas-Gomez removable and, based on his attorney’s statements, denied his application for relief, ordering him removed to Mexico. The BIA issued an opinion affirming the IJ’s…