Marina Saucedo-Arevalo v. Eric Holder, Jr.

Petitioner Marina Saucedo-Arevalo petitions for review of the Board of Immigration Appeals’ (“BIA”) denial of cancellation of removal under 8 U.S.C. § 1229b(b)(l). Petitioner entered the country in 2002 and therefore cannot satisfy the 10-year continuous physical presence requirement. Her mother entered the country in 1993, but the BIA held that her mother’s physical presence cannot be imputed to Petitioner for purposes of cancellation of removal. Reviewing de novo, Castillo-Cruz v. Holder, 581 F.3d 1154, 1158-59 (9th Cir.2009), we agree. Accordingly, we deny the petition.

“[Tjhis court repeatedly ha[s] held that a parent’s status, intent, or state of mind is imputed to the parent’s unemancipated minor child in many areas of immigration law....” Cuevas-Gaspar v. Gonzales, 430 F.3d 1013, 1024 (9th Cir.2005). Because a child lacks the legal capacity to form an intent and cannot be faulted for failing to secure a legal status, we have imputed the parent’s status, intent, or state of mind to a child residing with the parent. For instance, “for purposes of satisfying the seven-years of continuous residence ‘after having been admitted in any status’ required for cancellation…