Emilio Hernandez v. Loretta E. Lynch

MEMORANDUM **

Emilio Hernandez, 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.

At the time the BIA determined that Hernandez was ineligible for cancellation of removal because his conviction for possession of controlled substance paraphernalia under Cal. Health & Safety Code § 11364 terminated his accrual of continuous physical presence, see…