Flores-Torres

Flores-Torres v. Immigration & Naturalization Service

Good Law
33 F. App'x 876
United States Court of Appeals for the Ninth CircuitApril 15, 2002No. 00-71067; I & NS No. A75-485-949California700 words

Opinion

Lead Opinion

MEMORANDUM **

We are asked to review two distinct administrative decisions involving Leonel Flores-Torres, a native and citizen of Mexico. The first decision, by the Legalization Appeals Unit (“LAU”), denied Flores-Torres’ application for temporary residence status as a special agricultural worker (“SAW”) under 8 U.S.C. § 1160 . The second decision, by the Board of Immigration Appeals (“BIA”), denied Flores-Torres’ application for cancellation of removal. Pursuant to 8 U.S.C. § 1160 (e)(3)(A), we are allowed to review the denial of Flores-Torres’ application for temporary residence in conjunction with our review of his final order of removal. We affirm both decisions. Because the parties are familiar with the facts and prior proceedings, we do not restate them unless necessary.

LAU Decision

According to 8 U.S.C. § 1160 (b)(3)(B), once an alien produces sufficient evidence to show “as a matter of just and reasonable inference” that he has worked at least 90 man-days during the 12-month period ending on May 1, 1986, the burden shifts to the Attorney General to disprove the alien’s evidence with a “showing which negates the reasonableness of the inference to be drawn from the…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.