Opinion
No. 09-70437.
The panel unanimously concludes this case is suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).
Filed May 10, 2011.
Michael Franquinha, Aguirre Law Group APC, Phoenix, AZ, for Petitioner.
Chief Counsel Ice, Office of the Chief Counsel Department of Homeland Security, San Francisco, CA, Jessica Eden Sherman, Esquire, Michelle Gorden Latour, Esquire, Assistant Director, DOJ-U.S. Department of Justice, Washington, DC, for Respondent.
On Petition for Review of an Order of the Board of Immigration Appeals. Agency No. A073-949-310.
Before: RYMER, THOMAS, and PAEZ, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Karina Pimentel-Ornelas, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals' ("BIA") order dismissing her appeal from an immigration judge's decision denying her application for cancellation of removal. We have jurisdiction under 8 U.S.C. § 1252. We review de novo questions of law, 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, 123 S.Ct. 353, 154 L.Ed.2d 272 (2002) (per curiam).