United States v. 2012-08-10 | 07-73098 | DUQUE MOJICA V. HOLDER | precedential | opinion |

FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
 LISBETH DUQUE MOJICA,
Petitioner, No. 07-73098
v. Agency No.
 A096-538-353ERIC H. HOLDER Jr., Attorney
General, OPINION
Respondent. 
On Remand from the United States Supreme Court
Filed August 10, 2012
Before: Alfred T. Goodwin, J. Clifford Wallace, and
William A. Fletcher, Circuit Judges.
Per Curiam Opinion
9137

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OPINION
PER CURIAM:
Lisbeth Duque Mojica petitions for review of the Board of
Immigration Appeals’ (“BIA”) order upholding an immigra-
tion 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
Duque Mojica could impute her father’s legal status to herself
to meet the five-year lawful permanent residence requirement
under 8 U.S.C. § 1229b(a)(1). We therefore granted the peti-
tion for review. Duque Mojica v. Holder, No. 07-73098 (9th
Cir. Dec. 27, 2010) (unpublished). The Supreme Court
granted certiorari, vacated our decision, and remanded for
reconsideration in light of Holder v. Martinez Gutierrez, 132
S. Ct. 2011, 2017 (2012). See Holder v. Duque Mojica, 132
S. Ct. 2679 (2012).
Because Mercado-Zazueta is no longer valid precedent on
the issue of imputation under 8 U.S.C. § 1229b, see Sawyers
v. Holder, ___ F.3d ___, 2012 WL 2507513 (9th Cir. June 29,
2012) (per curiam), we now reject Duque Mojica’s imputation
argument making use of her father’s lawful permanent resi-
dence.
As the parties do not dispute that Duque Mojica, on her
own, lacks the requisite lawful permanent residence, we
uphold the BIA’s decision to deny cancellation of removal.
DENIED.
9138 MOJICA v. HOLDER

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