Gallardo-Sanchez v. Holder

FILED NOT FOR PUBLICATION JAN 21 2011 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT YESSICA J. GALLARDO-SANCHEZ, No. 07-74947 Petitioner, Agency No. A096-647-777 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. Yessica J. Gallardo-Sanchez, 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 decision denying her application for cancellation of * 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). 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 Gallardo-Sanchez’s cancellation of removal application. See generally INS v. Ventura, 537 U.S. 12 (2002) (per curiam). PETITION FOR REVIEW GRANTED; REMANDED. 2 07-74947