Benites v. Gonzales

MEMORANDUM***

Nicolas Garcia Benites and his wife, Francisca Garcia Flores, natives and citizens of Mexico, petition for review of the Board of Immigration Appeals’ (“BIA”) summary affirmance of an immigration judge’s (“IJ”) denial of cancellation of removal for failure to timely file the application. Jurisdiction is conferred by 8 U.S.C. § 1252. We review purely legal questions de novo, Martinez-Garcia v. Ashcroft, 366 F.3d 732, 733 (9th Cir.2004). We grant the petition for review and remand for further proceedings.

The IJ deemed the petitioners’ request for cancellation of removal abandoned…