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NOT FOR PUBLICATION JAN 21 2011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