Jose Medina-Nunez v. Loretta E. Lynch

Petitioner Jose Juan Medina-Nunez petitions for review of the Board of Immigration Appeals’ (“BIA”) denial of his application for cancellation of removal under 8 U.S.C. § 1229b(a). The BIA held that Petitioner did not meet the statutory seven-year residency requirement because, under In re Reza-Murillo, 25 I. & N. Dec. 296 (B.I.A.2010), his acceptance into the Family Unity Program (“FUP”) did not constitute an admission into the United States for purposes of § 1229b(a)(2). That BIA decision conflicts directly with our decision in Garcia-Quintero v. Gonzales, 455 F.3d 1006 (9th Cir.2006). But, applying the rule announced in National Cable & Telecommunications Ass’n v. Brand X Internet Services, 545 U.S. 967 , 125 S.Ct. 2688 , 162 L.Ed.2d 820 (2005), we defer to the BIA’s later published decision in In re Reza-Murillo. We therefore deny the petition.

Petitioner is a native and citizen of Mexico. In 1985, he entered the United States without inspection. In 1996, Petitioner was accepted into the FUP. Persons accepted into the FUP receive significant benefits, including protection from removal, authorization to work in the United States, authorization to travel outside the…