Martinez Gutierrez v. Holder

U.S. Court of Appeals for the Ninth Circuit
Martinez Gutierrez v. Holder, 474 F. App'x 587 (9th Cir. 2012)

Martinez Gutierrez v. Holder

Opinion

*588 MEMORANDUM **

Carlos Martinez Gutierrez petitions for review of the Board of Immigration Appeals’ (“BIA”) order upholding an immigration judge’s denial of cancellation of removal under 8 U.S.C. § 1229b(a). In our original decision, we relied on Mercado-Zazueta v. Holder, 580 F.3d 1102 (9th Cir. 2009), to hold that Martinez Gutierrez could impute his father’s legal status to himself to meet the five-year lawful permanent residence requirement under 8 U.S.C. § 1229b(a)(l). We therefore granted the petition for review. Martinez Gutierrez v. Holder, 411 Fed.Appx. 121 (9th Cir. 2011) (unpublished). The Supreme Court granted certiorari, Holder v. Martinez Gutierrez, — U.S. —, 132 S.Ct. 71, 180 L.Ed.2d 939 (2011), and reversed our decision, Holder v. Martinez Gutierrez, — U.S. —, 132 S.Ct. 2011, 182 L.Ed.2d 922 (2012).

Because Mercado-Zazueta is no longer valid precedent on the issue of imputation under 8 U.S.C. § 1229b, see Sawyers v. Holder, 684 F.3d 911, 2012 WL 2507513 (9th Cir. 2012) (per curiam), we now reject Martinez Gutierrez’s imputation argument concerning his father’s lawful permanent residence.

As the parties do not dispute that Martinez Gutierrez, on his own, lacks the requisite lawful permanent residence, we uphold the BIA’s decision to deny cancellation of removal.

PETITION FOR REVIEW DENIED.

**

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

Reference

Full Case Name
Carlos MARTINEZ GUTIERREZ, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent
Cited By
1 case
Status
Unpublished