Mercado-Zazueta v. Holder, No. 07-71428

In a petition for review of the BIA's order denying petitioner's request for cancellation of removal, the petition is granted where Cuevas-Gaspar v. Gonzales, 430 F.3d 1013 (9th Cir. 2005), compelled the conclusion that a parent's status as an alien lawfully admitted for permanent residence may be imputed to an unemancipated minor child residing with that parent, for purposes of satisfying the five-year permanent residence requirement for cancellation of removal under section 240A(a)(1) of the Immigration and Nationality Act.

Read Mercado-Zazueta v. Holder, No. 07-71428

Appellate Information

Argued and Submitted December 8, 2008

Filed September 8, 2009

Judges

Opinion by Judge Wardlaw

Concurrence by Judge Graber

Counsel

For Petitioner:

Randy J. Tunac, Allen & Tunac, PLLC, Phoenix, AZ

For Respondent:

Charles E. Canter, Office of Immigration Litigation, U.S. Department of Justice, Civil Division, Washington, DC