Perez-Martin

I. BACKGROUND

Federal law confers temporary resident status on any alien who qualifies as a “Special Agricultural Worker.” 8 U.S.C. § 1160(a)(1). To qualify for this designation, an alien must establish that he or she resided in the United States and per- formed at least 90 days of “seasonal agricultural services” during the twelve-month period ending on May 1, 1986. Id. § 1160(a)(1)(B). An applicant for SAW adjustment of status has the burden to prove qualifying employment by a prepon- derance of the evidence, id. § 1160(b)(3)(B)(i), which may include government records, employer or union records, or “such other reliable documentation as the alien may provide,” id. § 1160(b)(3)(A). Once the applicant has produced evi- dence sufficient to show qualifying employment “as a matter of just and reasonable inference,” the burden shifts to the gov- ernment to “disprove” the applicant’s evidence “with a show- ing which negates the reasonableness of the inference to be drawn from the evidence.” Id. § 1160(b)(3)(B)(iii).

The statute sets out the exclusive procedures for adminis- trative and judicial review of agency decisions determining SAW status. Id. § 1160(e)(1). Within the agency,…