Sawyers

Petitioner Damien Antonio Sawyers petitions for review from the Board of Immi gration Appeals’ (“BIA”) denial of cancellation of removal under 8 U.S.C. § 1229b(a). The BIA held that Petitioner could not demonstrate that he met the seven-year continuous residence requirement, id. § 1229b(a)(2). In our original decision, we followed Cuevas-Gaspar v. Gonzales, 430 F.3d 1013 (9th Cir.2005), and Mercado-Zazueta v. Holder, 580 F.3d 1102 (9th Cir.2009), to hold that the years of residence of Petitioner’s mother were imputed to him. Sawyers v. Holder, 399 Fed.Appx. 313 (9th Cir.2010) (unpublished decision). We therefore granted the petition. Id. at 314 . The Supreme Court granted certiorari, Holder v. Sawyers, -U.S.-, 132 S.Ct. 71 , 180 L.Ed.2d 939 (2011), and reversed our decision, Holder v. Martinez Gutierrez, —U.S.-, 132 S.Ct. 2011 , 182 L.Ed.2d 922 (2012). Because Cuevas-Gaspar and Mercado-Zazueta are no longer valid precedent on the issue of imputation under 8 U.S.C. § 1229b, we now reject Petitioner’s imputation argument concerning his mother’s residence.

In the alternative, Petitioner challenges the BIA’s determination that his 2002 conviction terminated his continuous…