GUILLEN v. SESSIONS III (2018)

MEMORANDUM **

Uriel Aguirre Guillen, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision denying his application for cancellation of removal. We have jurisdiction under 8 U.S.C. § 1252. We grant the petition for review, and remand.

When the BIA determined that Aguirre Guillen had not established the requisite 10 years of continuous physical presence for cancellation of removal, it did not have the benefit of the Supreme Court’s decision in Pereira v. Sessions, ––– U.S. ––––, 138 S.Ct. 2105, ––– L.Ed.2d –––– (2018), which held that a notice to appear that fails to designate the specific time or place of an alien’s removal proceedings does not trigger the stop-time rule ending the alien’s accrual of continuous presence. We thus grant the petition for review, and remand to the agency for further proceedings consistent with Pereira.

In light of our disposition, we do not reach Aguirre Guillen’s other contentions.

PETITION FOR REVIEW GRANTED; REMANDED.