Sawyers v. Mukasey
684 F.3d 911
9th Cir.2012Background
- Sawyers petitions for review of BIA denial of cancellation of removal under 8 U.S.C. §1229b(a).
- BIA held Sawyers did not meet the seven-year continuous residence requirement.
- Supreme Court reversed this court’s earlier imputation-based decision on residence imputation.
- Citations Cuevas-Gaspar and Mercado-Zazueta on imputation are no longer valid after Supreme Court ruling.
- On remand, Sawyers argued the 2002 conviction terminated continuous residence under §1229b(d)(1).
- Indictment alleged a dwelling used for keeping controlled substances across multiple counts, including cocaine and marijuana with intent to distribute.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Imputation of mother’s residence under §1229b(a)(2) | Sawyers argues his mother’s residence can be imputed. | Holder argues imputation invalid after Supreme Court ruling. | Imputation rejected. |
| Effect of 2002 conviction on continuous residence under §1229b(d)(1) | Conviction could be a single offense of possession for own use of 30 g or less marijuana. | Indictment shows multiple substances and distribution intent; not just possession. | Conviction does terminate continuous residence; petition denied. |
Key Cases Cited
- Cuevas-Gaspar v. Gonzales, 430 F.3d 1013 (9th Cir. 2005) (imputation cannot be used to extend residence under §1229b)
- Mercado-Zazueta v. Holder, 580 F.3d 1102 (9th Cir. 2009) (imputation no longer valid precedent on §1229b residence)