Lemus-Valencia

MEMORANDUM *

Camilo Lemus Valencia (“Lemus”) challenges the Bureau of Immigration Appeals’ (“BIA’s”) denial of his motion to reopen removal proceedings. He also asks us to review his application for adjustment to legal temporary resident status as a Special Agricultural Worker (“SAW”), pursuant to 8 U.S.C. § 1160 , which was denied by the Legalization Appeals Unit (“LAU”). The parties are familiar with the facts and procedural history, so we do not recount them except as necessary to explain our decision. We hold that the LAU abused its discretion in denying Lemus’s SAW application. We therefore REVERSE the LAU’s denial and grant Lemus’s application for legal temporary resident status as a SAW. Because Lemus is entitled to legal temporary resident status, we VACATE his removal order and we DENY AS MOOT his appeal of the BIA’s denial of his motion to reopen.

The Attorney General concedes that we have jurisdiction to review the denial of Lemus’s legalization application because the BIA’s denial of his motion to reopen constitutes a final order of removal. See 8 U.S.C. § 1160 (e)(3)(A); Khourassany v. INS, 208 F.3d 1096, 1100 (9th Cir.2000). Lemus did not waive review of the…