Carlos Martinez Gutierrez 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NOT FOR PUBLICATION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
CARLOS MARTINEZ GUTIERREZ,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 08-70436
Agency No. A078-463-557
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.
Carlos Martinez Gutierrez, a native and citizen of Mexico, petitions for
review of the Board of Immigration Appeals’ (“BIA”) order sustaining the
government’s appeal from an immigration judge’s decision granting his application
FILED
JAN 24 2011
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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08-70436 2
for cancellation of 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 Martinez Gutierrez’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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