Court to Consider Imputation of Residence, LPR Status for Cancellation of Removal

Gutierrez v. Holder, 411 Fed. Appx. 121 (9th Cir. 2011) cert. granted sub nom., Holder v. Gutierrez (Sept. 27, 2011) (No. 10-1542)

Sawyers v. Holder, 399 Fed. Appx. 313 (9th Cir. 2010) cert. granted sub nom., Holder v. Sawyers, (Sept. 27, 2011) (No. 10-1543)

The Supreme Court has granted certiorari in two cases considering whether residence in the United States and status as a lawful permanent resident can be “imputed” to unemancipated minor children for purposes of obtaining cancellation of removal under INA § 240A(a). In contrast with the BIA, the Ninth Circuit has held that both U.S. residence and LPR status may be imputed. Cuevas-Gaspar v. Gonzales, 430 F.3d 1013 (9th Cir. 2005); Mercado-Zazueta v. Holder, 580 F.3d 1102 (9th Cir. 2009). The Court consolidated the cases for oral argument.

The questions presented in Gutierrez are:

(1) Whether a parent’s years of lawful permanent resident status can be imputed to an alien who resided with that parent as an unemancipated minor, for the purpose of satisfying 8 U.S.C. 1229b(a)(1)’s requirement that the alien seeking cancellation of removal have “been an alien lawfully admitted for permanent residence for not less than 5 years”; and (2) whether a parent’s years of residence after lawful admission to the United States can be imputed to an alien who resided with that parent as an unemancipated minor, for the purpose of satisfying 8 U.S.C. 1229b(a)(2)’s requirement that the alien seeking cancellation of removal have “resided in the United States continuously for 7 years after having been admitted in any status.”

The question presented in Sawyers is:

Whether a parent’s years of residence after lawful admission to the United States can be imputed to an alien who resided with that parent as an unemancipated minor, for the purpose of satisfying 8 U.S.C. 1229b(a)(2)’s requirement that the alien seeking cancellation of removal have “resided in the United States continuously for 7 years after having been admitted in any status.”