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Mojica v. Holder

Summarized by:

  • Court: 9th Circuit Court of Appeals Archives
  • Area(s) of Law: Immigration
  • Date Filed: 08-10-2012
  • Case #: 07-73098
  • Judge(s)/Court Below: Per Curiam; Circuit Judges Goodwin, Wallace, and W. Fletcher

The years of residency of a petitioner鈥檚 relative will not be imputed to the petitioner for purposes of satisfying the five-year lawful permanent residence requirement of 8 U.S.C. 搂 1229b(a)(1).

Lisbeth Duque Mojica sought a petition for review, challenging the Board of Immigration Appeals鈥檚 (鈥淏IA鈥) affirmance of the immigration judge鈥檚 decision, which denied cancellation of removal. In its original decision, the Ninth Circuit granted Duque Mojica鈥檚 petition for review, relying on Mercado-Zazueta v. Holder for the proposition that the legal status of Duque Mojica鈥檚 father could be imputed on Duque Mojica to satisfy the five-year residence requirement under 8 U.S.C. 搂 1229b(a)(1). The United States Supreme Court then vacated the Ninth Circuit鈥檚 decision, and remanded the case for reconsideration in light of the Supreme Court鈥檚 decision in Holder v. Martinez Gutierrez. Because (1) Mercado-Zazueta no longer controls the applicability of imputation under 8 U.S.C. 搂 1229b and (2) Duque Mojica does not meet the lawful permanent residence requirement on her own, the Court affirmed the BIA鈥檚 denial of cancellation of removal. DENIED.

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