Morales

MEMORANDUM **

Elena Meza Morales, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an immigration judge’s decision pretermitting her applications for cancellation of removal. We have jurisdiction under 8 U.S.C. § 1252 . We review de novo questions of law, Vasquez-Zavala v. Ashcroft, 324 F.3d 1105, 1107 (9th Cir.2003), and we grant the petition for review and remand.

An intervening change in the law requires us to remand the petition. Concluding that Meza Morales bore the burden of proving that a disqualifying conviction did not exist, the BIA held that Meza Morales’s burglary conviction was a crime involving moral turpitude. The BIA recognized that burglary does not categorically involve moral turpitude, and the burglary conviction record does not include the kind of judicially noticeable documents that would support such a determination under the modified categorical approach. Cf. Cuevas-Gaspar v. Gonzales, 430 F.3d 1013, 1019-20 (9th Cir.2005). The BIA, however, did not have the benefit of our decision in Sandoval-Lua v. Gonzales, 499 F.3d 1121 (9th Cir.2007), in which we held that an…