Mojica v. Holder, No. 07-73098 (9th Cir. 2012)

Petitioner petitioned for review of the Board of Immigration Appeals' (BIA) order upholding an immigration judge's denial of cancellation of removal under 8 U.S.C. 1229b(a). In the Ninth Circuit Court of Appeals' original decision, the Court relied on Mercado-Zazueta v. Holder to hold that Petitioner could impute her father's legal status to herself to meet the five-year lawful permanent residence requirement under section 1229b(a)(1). The Supreme Court vacated the Ninth Circuit's decision and remanded for reconsideration in light of Holder v. Martinez Gutierrez. On remand, the Ninth Circuit upheld the BIA's decision to deny cancellation of removal, holding (1) because Mercado-Zazueta was no longer valid precedent on the issue of imputation under section 1229b, Petitioner's imputation argument making use of her father's lawful permanent residence failed; and (2) Petitioner, on her own, lacked the requisite lawful permanent residence.