Martinez Gutierrez, et al v. Holder, No. 08-70436 (9th Cir. 2011)

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The court issued a subsequent related opinion or order on July 11, 2012.

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FILED JAN 24 2011 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT CARLOS MARTINEZ GUTIERREZ, Petitioner, No. 08-70436 Agency No. A078-463-557 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. Carlos Martinez Gutierrez, 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 * 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). for cancellation of removal. We have jurisdiction under 8 U.S.C. § 1252, and we grant the petition for review and remand for further proceedings. Because the BIA decided this case without the benefit of our decision in Mercado-Zazueta v. Holder, 580 F.3d 1102, 1113 (9th Cir. 2009) ( [F]or purposes of satisfying the five years of lawful permanent residence required under INA section 240A(a)(1), 8 U.S.C. § 1229b(a)(1), a parent s status as a lawful permanent resident is imputed to the unemancipated minor children residing with that parent. ), we remand to the BIA to allow it to reconsider Martinez Gutierrez s cancellation of removal application. See generally INS v. Ventura, 537 U.S. 12 (2002) (per curiam). PETITION FOR REVIEW GRANTED; REMANDED. 2 08-70436

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