Humberto Becerra v. Eric H. Holder Jr., No. 08-75122 (9th Cir. 2011)

 Annotate this Case
Download PDF
FILED JAN 20 2011 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT HUMBERTO BECERRA, Petitioner, No. 08-75122 Agency No. A075-499-740 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. 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 * 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). 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 sevenyear 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 minor children 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. 2 08-75122

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.