September 30th, 2009 
Max Nuyen Mercado-Zazueta v. Holder (9th Cir.)
In this case, the 9th Circuit decided the question of whether a parent’s status as a lawful permanent resident may be imputed to an unemancipated minor child residing with that parent, for purposes of satisfying the five-year permanent residence requirement for cancellation of removal under § 240A(a)(1) of the Immigration and Nationality Act. To the collectively relief of many immigration attorneys and their clients, the court answered affirmatively. In light of the court’s recent decision in the Ramos v. Holder case (which dealt with the issue of whether a parent’s physical presence in the United States may be imputed to a minor child), there was a sense of worry in the immigration bar on whether the 9th Circuit was ready to abandon its longstanding imputation doctrine.
Mercado, the immigrant in this case, was born in Mexico. His mother brought him to the U.S. in 1992 at the age of seven. He was admitted as a visitor. His mother stayed in the U.S. and married a man who had been a lawful permanent resident since 1983. Mercado’s stepfather adopted him in 1998 when he was thirteen years old. In 2002, when Mercado was seventeen, he independently obtained lawful permanent residence status. In 2006, four years after he acquired LPR status, Mercado pled guilty to aggravated assault in Arizona. DHS initiated removal proceedings against him soon afterwards, on account of his conviction of a crime involving moral turpitude. Mercado applied for cancellation of removal pursuant to 8 U.S.C. § 1229b(a) as a permanent resident who had been lawfully admitted for permanent residence for not less than five years and who has resided in the United States continuously for seven years after having been admitted in any status.
The immigration judge who heard Mercado’s case decided that he was ineligible for cancellation because he could not meet the requirement of having been lawfully admitted for permanent residence for at least five years. Although he could prove he lived in the U.S. for at least seven years, he had LPR status for only four years. Mercado argued at the LPR status of his parent should be imputed to him (although it was unclear from the case whether Mercado was relying on the status of his mother or stepfather). The immigration judge didn’t accept Mercado’s argument. Neither did the BIA, to whom Mercado appealed. Mercado appealed to the 9th Circuit Court of Appeals and found a receptive appellate court.
The court reaffirmed its core holding from Cuevas-Gaspar v. Gonzales, and decided that the LPR status of Mercado’s parent may be imputed to him for the purposes of satisfying the five-year requirement of INA § 240A(a)(1). The court wrote that the BIA’s interpretation of this statute was unreasonable and would lead to the absurd result of having a person who had spent the majority of his life in the U.S. being denied eligibility for cancellation just because he obtained LPR status later than his parents. The court stressed that while it found that Mercado was eligible to apply for cancellation of removal based upon the duration of his parent’s LPR status, Mercado still had to establish that he met all the requirements for the relief he was seeking. Eligibility to apply for this form of relief is not the same thing as it being granted. Despite the court’s caveat, the ruling was good news for Mercado and many others life him in removal proceedings. For the time being, at least in the 9th Circuit, the principle of imputation of a parent’s residence or domicile on a minor child survives.
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