HERNANDEZ CABELLO v. BARR (2019)

MEMORANDUM **

Jorge Luis Hernandez-Cabello, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s decision denying cancellation of removal. We have jurisdiction under 8 U.S.C. § 1252. We grant the petition for review.

The agency denied cancellation of removal for failure to demonstrate ten years of continuous physical presence prior to service of Hernandez-Cabello’s Notice to Appear (“NTA”). However, the agency did not have the benefit of the Supreme Court’s decision in Pereira v. Sessions, ––– U.S. ––––, 138 S.Ct. 2105, 201 L.Ed.2d 433 (2018), which held that an NTA that does not specify a place and time for a non-citizen’s first hearing does not trigger the stop-time rule to calculate continuous physical presence. As Hernandez-Cabello’s NTA did not specify the date and time of his hearing, we remand to the BIA to consider his eligibility for cancellation of removal in light of that decision.

In light of our disposition, we do not reach Hernandez-Cabello’s contentions regarding the agency’s adverse credibility determination.

PETITION FOR REVIEW GRANTED; REMANDED.