Nancy Rogel De Hernandez v. Eric H. Holder Jr.

FILED
NOT FOR PUBLICATION MAY 09 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
NANCY ROGEL DE HERNANDEZ, No. 08-71124
Petitioner, Agency No. A095-714-533
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted April 20, 2011 **
Before: RYMER, THOMAS, and PAEZ, Circuit Judges.
Nancy Rogel De Hernandez, a native and citizen of Mexico, petitions for
review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal
from an immigration judge’s order denying her application for cancellation of
removal. We have jurisdiction under 8 U.S.C. § 1252. We review de novo
*
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).
questions of law, Mercado-Zazueta v. Holder, 580 F.3d 1102, 1104 (9th Cir.
2009), and we grant the petition for review.
The BIA decided this case without the benefit of our decision in Mercado-
Zazueta v. Holder, in which we held that for purposes of satisfying the five years
of lawful permanent residence required under 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. 580 F.3d at 1113-16. Accordingly, we grant the
petition for review and remand to the BIA for further proceedings. See INS v.
Ventura, 537 U.S. 12, 16 (2002) (per curiam).
PETITION FOR REVIEW GRANTED; REMANDED.
2 08-71124