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.
Argued and Submitted December 8, 2008
Filed September 8, 2009
Opinion by Judge Wardlaw
Concurrence by Judge Graber
Charles E. Canter, Office of Immigration Litigation, U.S. Department of Justice, Civil Division, Washington, DC