Jose Artemio Perez-Martin v. John Ashcroft, Attorney General

In this petition for review of his removal order, petitioner Jose Artemio Perez-Martin (“Perez”) challenges the Legalization Appeals Unit (“LAU”)’s denial of his 1988 application for temporary resident status as a Special Agricultural Worker (“SAW”). Perez claims both that the LAU erred substantively in denying his application, and that the Immigration Judge (“IJ”) and Board of Immigration Appeals (“BIA”) erred in refusing to review the LAU’s decision as part of the removal proceedings against Perez. This case raises important questions about our jurisdiction and about the operation of the statute governing SAW benefits, 8 U.S.G. § 1160. We hold that we have jurisdiction to review the denial of SAW status, and that neither the IJ nor the BIA has such jurisdiction. On the merits, we deny the petition for review.

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 performed at least 90 days of “seasonal agricultural services” during the twelve-month period ending on May 1, 1986. Id. §…