The Eighth Circuit has determined that a petitioner who waived his right to a hearing before an Immigration Judge and who voluntarily returned to Mexico thereafter had broken his continuous physical presence for the purpose of applying for cancellation of removal.  The court further concluded that the failure to comply with 8 C.F.R. § 240.25 (which contains the required advisals for voluntary departure) did not preclude a finding of a voluntary departure under threat of deportation sufficient to break the ten-year period of continuous presence.  

The full text of Rodriguez-Labato v. Sessions can be found here: