FILED
MAY 10 2011
NOT FOR PUBLICATION
MOLLY C. DWYER, CLERK
U .S. C O U R T OF APPE ALS
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
NAYELY FERNANDEZ, No. 08-71372
Petitioner, Agency No. A095-669-457
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.
Nayely Fernandez, a native and citizen of Mexico, petitions for review of
the Board of Immigration Appeals’ (“BIA”) decision 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 questions of law,
*
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).
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 08-71372