Marco Aurelio Castellanos- Garcia 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NOT FOR PUBLICATION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
MARCO AURELIO CASTELLANOS-
GARCIA,
Petitioner,
v.
ERIC H. HOLDER Jr., Attorney General,
Respondent.
No. 07-74857
Agency No. A072-514-327
MEMORANDUM *
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted July 19, 2010**
Before: B. FLETCHER, REINHARDT, and WARDLAW, Circuit Judges.
Marco Aurelio Castellanos-Garcia, a native and citizen of Guatemala,
petitions for review of the Board of Immigration Appeals’ (“BIA”) order
dismissing his appeal from an immigration judge’s removal order. We have
FILED
AUG 02 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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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, 1113-1116 (9th Cir. 2009)
(recognizing the ongoing validity of Cuevas-Gaspar v. Gonzales, 430 F.3d 1013,
1029 (9th Cir. 2005) (a parent’s admission for permanent resident status is imputed
to the parent’s unemancipated minor children residing with the parent for the
purpose of satisfying the seven-years of continuous residence “after having been
admitted in any status”)), we remand to the BIA to allow it to reconsider
Castellanos-Garcia’s appeal. See generally INS v. Ventura, 537 U.S. 12 (2002)
(per curiam).
In light of our disposition, we do not reach Castellanos-Garcia’s equal
protection challenge.
PETITION FOR REVIEW GRANTED; REMANDED.

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