Lisbeth Duque Mojica 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NOT FOR PUBLICATION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
LISBETH DUQUE MOJICA,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 07-73098
Agency No. A096-538-353
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted December 14, 2010**
Before: GOODWIN, WALLACE, and W. FLETCHER, Circuit Judges.
Lisbeth Duque Mojica, 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 removal.
We have jurisdiction under 8 U.S.C. § 1252. We review de novo questions of law,
FILED
DEC 27 2010
MOLLY C. DWYER, CLERK
U .S. C O U R T O F AP PE ALS

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07-73098 2
Cerezo v. Mukasey, 512 F.3d 1163, 1166 (9th Cir. 2008), and we grant the petition
for review.
The BIA concluded that Duque Mojica could not rely on her father’s period
of legal permanent resident status to establish that she had been “an alien lawfully
admitted for permanent residence for not less than 5 years.” 8 U.S.C.
§ 1229b(a)(1). The BIA, however, did not have the benefit of our decision in
Mercado-Zazueta v. Holder, in which we held that for the purpose of establishing
the required five years of lawful permanent residence, “a parent’s status as a lawful
permanent resident is imputed to the unemancipated minor children residing with
that parent.” 580 F.3d 1102, 1113 (9th Cir. 2009). We therefore remand for the
BIA to reconsider Duque Mojica’s eligibility for relief.
PETITION FOR REVIEW GRANTED; REMANDED.

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