Yessica J. Gallardo-Sanchez 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NOT FOR PUBLICATION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
YESSICA J. GALLARDO-SANCHEZ,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 07-74947
Agency No. A096-647-777
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted January 10, 2011**
Before: BEEZER, TALLMAN, and CALLAHAN, Circuit Judges.
Yessica J. Gallardo-Sanchez, 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
FILED
JAN 21 2011
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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07-74947 2
removal. We have jurisdiction under 8 U.S.C. § 1252, and we grant the petition for
review and remand for further proceedings.
Because the BIA decided this case without the benefit of our decision in
Mercado-Zazueta v. Holder, 580 F.3d 1102, 1113 (9th Cir. 2009) (“[F]or purposes
of satisfying the five years of lawful permanent residence required under INA
section 240A(a)(1), 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.”), we remand to the BIA to allow it to reconsider Gallardo-Sanchez’s
cancellation of removal application. See generally INS v. Ventura, 537 U.S. 12
(2002) (per curiam).
PETITION FOR REVIEW GRANTED; REMANDED.

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