Martinez Gutierrez v. Holder

474 F. App'x 587

• Court: Court of Appeals for the Ninth Circuit
• Decided: July 11, 2012
• Docket: 08-70436
• Status: Unpublished

Opinion

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 Martinez Gutierrez v. Holder, 411 Fed.Appx. 121 (9th Cir.2011) (unpublished).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Because Mercado-Zazueta is no longer valid precedent on the issue of imputation under 8 U.S.C. § 1229b, see Sawyers v. Holder, 684 F.3d 911, 2012 WL 2507513 (9th Cir.2012) (per curiam), we now reject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.