Javier Alcarez-Garcia, AKA Garcia Javier Alcarez v. John Ashcroft, Attorney General

Opinion by Judge CYNTHIA HOLCOMB HALL; Dissent by Judge Kozinski.

OPINION

CYNTHIA HOLCOMB HALL, Circuit' Judge.

This case requires us to determine whether an individual who was physically present and working in the United States for 9 months out of the year for 8 years out of a 9-year period established resi*1156dence for that 9-year time period under section 201 -of the Nationality Act of 1940, 8 U.S.C. § 601(g) (1940). We conclude that he did, grant his petition, for review, and remand to the Board of Immigration Appeals (“BIA”).

I. FACTS AND PROCEEDINGS BELOW

A. Background

Petitioner Javier…