Luis Camacho v. Eric H. Holder Jr.

MEMORANDUM

Luis Arturo Parra Camacho petitions for review of the Board of Immigration Appeals’ (“BIA”) order upholding an immigration judge’s denial of cancellation of removal under 8 U.S.C. § 1229b(a). In our original decision, we relied on Mercado-Zazueta v. Holder, 580 F.3d 1102 (9th Cir.2009), to hold that Parra Camacho could impute his stepfather’s legal status to himself to meet the five-year lawful permanent residence requirement under 8 U.S.C. § 1229b(a)(1). We therefore granted the petition for review. Camacho v. Holder, 412 Fed.Appx. 32 (9th Cir.2011) (unpublished). The Supreme Court granted certiorari, vacated our decision, and remanded for reconsideration in light of Holder v. Martinez Gutierrez, — U.S. -, 132 S.Ct. 2011, 2017 , 182 L.Ed.2d 922 (2012). See Holder v. Camacho, — U.S. -, 132 S.Ct. 2679 , 183 L.Ed.2d 42 (2012).

Because Mercado-Zazueta is no longer valid precedent on the issue of imputation under 8 U.S.C. § 1229b, see Sawyers v. Holder, 684 F.3d 911 (9th Cir.2012) (per curiam), we now reject Parra Camacho’s imputation argument concerning his stepfather’s lawful permanent residence.

As the parties do not dispute that Parra Camacho, on his own, lacks the…