Marina Saucedo-Arevalo v. Eric Holder, Jr., No. 09-73682 (9th Cir. 2011)
Annotate this CasePetitioner filed for review of the Board of Immigration Appeals' ("BIA") denial of cancellation of removal under 8 U.S.C. 1229b(b)(1) where petitioner entered the country in 2002 and therefore cannot satisfy the 10-year continuous physical presence requirement. At issue was whether petitioner's mother's physical presence in 1993 could be imputed to petitioner. The court denied the petition for review and held that imputation of petitioner's mother's presence did not apply where, under the circumstances, Congress intended the same text in the Nicaraguan Adjustment and Central American Relief Act, which held that imputation did not apply, and 8 U.S.C. 1229b(b)(1) to impart the same statutory immigration scheme.
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