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Humberto Becerra v. Eric H. Holder

U.S. COURT OF APPEALS UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT


January 20, 2011

HUMBERTO BECERRA, PETITIONER,
v.
ERIC H. HOLDER, JR., ATTORNEY GENERAL, RESPONDENT.

FILED

NOT FOR PUBLICATION

MOLLY C. DWYER, CLERK

MEMORANDUM*fn1

On Petition for Review of an Order of the Board of Immigration Appeals Submitted January 10, 2011*fn2

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 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 minorchildren 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.


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