Gutierrez v. Holder, 411 Fed. Appx. 121 (9th Cir. 2011) [2011 BL 18065]
Michael Franquinha, Aguirre Law Group APC, Phoenix, AZ, for Petitioner.
Daniel Eric Goldman, Esquire, Senior Litigation Counsel, Andrew B. Insenga, Trial, OIL, Thankful Townsend Vanderstar, DOJ — U.S. Department of Justice, Civil Division/Office of Immigration Litigation, Washington, DC, Chief Counsel Ice, Office of the Chief Counsel Department of Homeland Security, San Francisco, CA, for Respondent.
On Petition for Review of an Order of the Board of Immigration Appeals. Agency No. A078-463-557. [*122]
Before: BEEZER, TALLMAN, and CALLAHAN, Circuit Judges.
Carlos Martinez Gutierrez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals' ("BIA") order sustaining the government's appeal from an immigration judge's decision granting his application for cancellation of removal. We have jurisdiction under 8 U.S.C. § 1252, and we grant the petition for review and remand for further proceedings.
Because the BIA decided this case without the benefit of our decision in MercadoZazueta v. Holder, 580 F.3d 1102, 1113 (9th Cir. 2009) ("[F]or purposes of satisfying the five years of lawful permanent residence required under INA section 240A(a)(1), 8 U.S.C. § 1229b(a)(1), a parent's status as a lawful permanent resident is imputed to the unemancipated minor children residing with that parent."), we remand to the BIA to allow it to reconsider Martinez Gutierrez's cancellation of removal application. See generally INS v. Ventura, 537 U.S. 12, 123 S.Ct. 353, 154 L.Ed.2d 272 (2002) (per curiam).
PETITION FOR REVIEW GRANTED; REMANDED.