Cobian-De Andalon v. Holder

FISHER, J.,

dissenting:

I respectfully dissent. For the reasons explained in my dissent in Guevara v. Holder, 649 F.3d 1086, 2011 WL 2163964 filed concurrently with this memorandum, I would hold that Cobian was “admitted in any status” for purposes of 8 U.S.C. § 1229b(a)(2) when the agency exercised its discretion to grant her an employment authorization. I would therefore grant the petition and remand so that the IJ might determine the date on which the employment authorization was issued. If, as seems likely, the authorization was issued more than seven years before Cobian received a Notice to Appear, the IJ would then have discretion to grant Cobian cancellation of removal.