Jose Lemus v. Loretta E. Lynch

OPINION

PONSOR, Senior District Judge:

In Holder v. Martinez Gutierrez, 566 U.S. 583, 132 S.Ct. 2011, 182 L.Ed.2d 922 (2012), the Supreme Court unanimously held that the Board of Immigration Appeals (“BIA”) permissibly construed section 240A(a) of the Immigration and Nationality Act, 8 U.S.C. § 1229b(a), when it concluded that an alien seeking cancellation of removal had to satisfy the years-of-residence requirement on his own, without relying on a parent’s residential history. Id. at 2014-15. Petitioner Lemus contends that Martinez Gutierrez announced a new rule of law and that, under Chevron…