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MERCADO-ZAZUETA v. HOLDER

No. 07-71428.

580 F.3d 1102 (2009)

Jose Luis MERCADO-ZAZUETA, Petitioner, v. Eric H. HOLDER Jr., Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed September 8, 2009.

Attorney(s) appearing for the Case

Randy J. Tunac, Allen & Tunac, PLLC, Phoenix, AZ, for the petitioner.

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

Opinion by Judge WARDLAW; Concurrence by Judge GRABER.

WARDLAW, Circuit Judge:

We must decide whether our decision in Cuevas-Gaspar v. Gonzales, 430 F.3d 1013 (9th Cir.2005), compels 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...

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