Ramos

MEMORANDUM *

Petitioner Daniel Aburto Ramos (“Ramos”) appeals the Board of Immigration Appeals’ (“BIA”) denial of his application *354 for cancellation of removal. We have jurisdiction pursuant to 8 U.S.C. § 1252 (a). We grant Ramos’s petition for review and remand to the BIA with instructions to remand to the Immigration Judge (“IJ”) for a new merits hearing.

In September 2001, the government initiated removal proceedings against Ramos. In May 2004, following multiple continuances, the IJ concluded that Ramos had failed to establish ten years of continuous physical presence as required by 8 U.S.C. § 1229b(b)(l)(A) and (d)(2). “Concerned” about a discrete six-month period from April 1993 to October 1993 (the “disputed period”), the IJ denied Ramos’s application for cancellation of removal. The BIA affirmed without opinion; we therefore review the IJ’s decision for substantial evidence. See Lopez-Alvarado v. Ashcroft, 381 F.3d 847, 850-51 (9th Cir.2004).

Because the IJ did not make any explicit findings of adverse credibility, we accept the testimonial evidence Ramos offered as true. See id. at 851 . Ramos provided uncontroverted testimony that (a) he never left the United…