Skip to content

Holder v. Carlos Martinez Gutierrez

In a unanimous decision, the Supreme Court found the Board reasonably interpreted INA 240A(a) cancellation of removal to require that the respondent personally satisfy the requirements of 7 years of lawful residence and 5 years of permanent resident status. Since this was a reasonable interpretation of a statute that the Board is charged with administering, the Court overruled the Ninth Circuit's contrary interpretation--which imputed a parent's period of lawful residence or permanent resident status to his or her child. Cuevas-Gaspar v. Gonzales, 430 F. 3d 1013 (9th Cir. 2005) and Mercado-Zazueta v. Holder, 580 F. 3d 1102 (9th Cir. 2009) thus are no longer good law.

DOWNLOAD (PDF, 127KB)

510-835-1115