Humberto Becerra v. Eric H. Holder Jr. , 411 F. App'x 74 ( 2011 )

FILED
NOT FOR PUBLICATION JAN 20 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
HUMBERTO BECERRA, No. 08-75122
Petitioner, Agency No. A075-499-740
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted January 10, 2011 **
Before: BEEZER, TALLMAN, and CALLAHAN, Circuit Judges.
Humberto Becerra, 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. We review
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
de novo questions of law, Mercado-Zazueta v. Holder, 580 F.3d 1102, 1104 (9th
Cir. 2009), and we grant the petition for review.
The BIA rejected Becerra’s contention that he was entitled to impute his
mother’s admission as a lawful permanent resident in order to satisfy the seven-
year period of continuous residence required for cancellation of removal. See 8
U.S.C. § 1229b(a)(2). However, the BIA did not have the benefit of our decision
in Mercado-Zazueta, 580 F.3d at 1113-16, in which we recognized the ongoing
validity of Cuevas-Gaspar v. Gonzales, 430 F.3d 1013 (9th Cir. 2005) (a parent’s
admission for permanent residence is imputed to unemancipated minor children
residing with the parent for the purpose of satisfying the required period of
continuous residence under 8 U.S.C. § 1229b(a)(2)). We therefore remand to the
BIA to reconsider Becerra’s appeal.
PETITION FOR REVIEW GRANTED; REMANDED.
2 08-75122