Ortiz

Ortiz v. Holder

Good Law
314 F. App'x 968
United States Court of Appeals for the Ninth CircuitMarch 2, 2009No. 05-73828California304 words

Opinion

Lead Opinion

*970 MEMORANDUM **

Jose Manuel Ortiz, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) orders denying his cancellation application and his motion to terminate, and the former Legalization Appeals Unit’s (“LAU”) order dismissing his appeal from the denial of his Special Agricultural Worker application. Our jurisdiction is governed by 8 U.S.C. §§ 1160 (e)(3) and 1252. We deny in part and dismiss in part the petition for review.

The LAU did not make findings that were “directly contrary to clear and convincing facts contained in the record considered as a whole” or abuse its discretion in concluding that Ortiz failed to establish the requisite period of qualifying employment. See id. § 1160(b)(3); Perez-Martin v. Ashcroft, 394 F.3d 752, 758-59 (9th Cir.2005). The government offered in rebuttal evidence which called into question Ortiz’ claim of employment, and the evidence Ortiz submitted in response was insufficient to negate the inference of the government’s showing. See Perez-Martin, 394 F.3d at 759 .

Ortiz’ contentions regarding the denial of his motion to terminate…

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