Luquin

MEMORANDUM *

Jesus Luquin (“Luquin”) appeals two decisions of the Attorney General: the Board of Immigration Appeals’ (“BIA”) denial of his application for cancellation of removal, pursuant to 8 U.S.C. § 1229b, and the Legalization Appeals Unit’s (“LAU”) denial of his application for adjustment to legal temporary resident status as a Special Agricultural Worker (“SAW”), pursuant to 8 U.S.C. § 1160 . *229 Because we are without jurisdiction to consider Luquin’s appeal from the denial of his application for cancellation of removal, that portion of his petition is dismissed. See Falcon-Carriche v. Ashcroft, 350 F.3d 845, 853 (9th Cir.2003). We have jurisdiction to review the denial of Luquin’s application for adjustment of status as a SAW because Luquin brings this challenge in the context of a final removal order. 8 U.S.C. § 1160 (e)(3)(A). We review the LAU’s determination for abuse of discretion and limit our review to the administrative record established at the time of the LAU’s review. 8 U.S.C. § 1160 (e)(3)(B). We hold that the LAU abused its discretion in denying Luquin’s SAW application by relying on extra-record evidence in its decision.

The LAU denied Luquin’s…