FILED
NOT FOR PUBLICATION JAN 24 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
CARLOS MARTINEZ GUTIERREZ, No. 08-70436
Petitioner, 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