Maria Aparacida Lacerda v. ERIC H. HOLDER, Jr., Attorney General

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously concludes this case is suitable for decision**
without oral argument. See Fed. R. App. P. 34(a)(2).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
MARIA APARACIDA LACERDA,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 08-74333
Agency No. A075-110-821
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted November 16, 2010**
Before: TASHIMA, BERZON, and CLIFTON, Circuit Judges.
Maria Aparacida Lacerda, a native and citizen of Brazil, 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, Figueroa v. Mukasey, 543 F.3d 487,
FILED
NOV 23 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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08-74333 2
496 (9th Cir. 2008), and we grant the petition for review and remand for further
proceedings.
In denying Lacerda’s cancellation application, the agency failed to consider
the potential hardship Lacerda’s two United States citizen children would suffer if
Lacerda is removed to Brazil and her children are required to remain in the United
States pursuant to a custody order. See Cabrera-Alvarez v. Gonzales, 423 F.3d
1006, 1012 (9th Cir. 2005) (“When the children will not accompany the removed
parent, the agency must evaluate the hardship caused by that separation.”).
We need not reach Lacerda’s remaining contentions.
We grant the petition for review and remand to the BIA for further
proceedings.
PETITION FOR REVIEW GRANTED; REMANDED.

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