Holder v. Gutierrez
Case Date: 01/18/2012
Docket No: none
|
Carlos Martinez Gutierrez, a native and citizen of Mexico, applied to an immigration judge for cancellation of his removal from the United States. The government appealed and the Board of Immigration Appeals (BIA) sustained the government's appeal. The U.S. Court of Appeals for the Ninth Circuit granted Gutierrez's petition for review of the BIA's decision and remanded to the BIA to allow it to reconsider his case based on the Ninth Circuit's decision in Mercado Zazueta v. Holder, 580 F.3d 1102 (9th Cir. 2009). That case held that "[f]or 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 the parent." Question1. Can a parent's years of lawful permanent resident status be applied to an alien who resided with that parent as an unemancipated minor, for the purpose of satisfying 8 U.S.C. 1229b(a)(1)'s requirement that the alien seeking cancellation of removal have "been an alien lawfully admitted for permanent residence for not less than 5 years"? 2. Can a parent's years of residence after lawful admission to the United States can be applied to an alien who resided with that parent as an unemancipated minor, for the purpose of satisfying 8 U.S.C. 1229b(a)(2)'s requirement that the alien seeking cancellation of removal have "resided in the United States continuously for 7 years after having been admitted in any status"? Argument Holder v. Gutierrez - Oral ArgumentFull Transcript Text Download MP3 |