United States Ninth Circuit

In a petition for review of the BIA's order denying petitioner's request for cancellation of removal, the petition is granted where Cuevas-Gaspar v. Gonzales, 430 F.3d 1013 (9th Cir. 2005), compelled the conclusion that a parent's status as an alien lawfully admitted for permanent residence may be imputed to an unemancipated minor child residing with that parent, for purposes of satisfying the five-year permanent residence requirement for cancellation of removal under section 240A(a)(1) of the Immigration and Nationality Act.

Appellate Information

• Argued 12/08/2008
• Decided 09/08/2009
• Published 09/08/2009

Judges

• Before JEROME FARRIS, SUSAN P. GRABER, and KIM McLANE WARDLAW, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Randy J. Tunac, Allen & Tunac, PLLC, Phoenix, AZ, for the petitioner.


• For Appellees:
  
• Charles E. Canter, Office of Immigration Litigation, U.S. Department of Justice, Civil Division, Washington, D.C., for the respondent.