Abraham Mendiola-Sanchez v. Michael Mukasey

FILED UNITED STATES COURT OF APPEALS AUG 03 2012 MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT U .S. C O U R T OF APPE ALS ABRAHAM MENDIOLA-SANCHEZ, No. 08-71522 Petitioner, Agency No. A096-543-546 v. ORDER ERIC H. HOLDER, Jr., Attorney General, Respondent. Before: PREGERSON, THOMAS, and PAEZ, Circuit Judges. The government’s petition for panel rehearing is granted. The memorandum disposition filed on June 9, 2011, is withdrawn. A replacement memorandum disposition is filed concurrently with this order. FILED NOT FOR PUBLICATION AUG 03 2012 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT ABRAHAM MENDIOLA-SANCHEZ, No. 08-71522 Petitioner, Agency No. A096-543-546 v. MEMORANDUM * ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted May 24, 2011 ** Before: PREGERSON, THOMAS, and PAEZ, Circuit Judges. Abraham Mendiola-Sanchez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeal’s (“BIA”) order dismissing his appeal from an immigration judge’s order pretermitting his 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, Gil v. Holder, 651 F.3d 1000, 1002 (9th Cir. 2011), and we deny the petition for review. The BIA did not err in determining that Mendiola-Sanchez may not impute his father’s lawful permanent residence for purposes of meeting the requirements of 8 U.S.C. § 1229b(a)(1)-(2). See Sawyers v. Holder, — F.3d —, 2012 WL 2507513 (9th Cir. June 29, 2012) (per curiam). PETITION FOR REVIEW DENIED. 2 08-71522