Alfaro-Navarro

Alfaro-Navarro v. Holder

Good Law
330 F. App'x 149
United States Court of Appeals for the Ninth CircuitAugust 3, 2009No. 05-76802California451 words

Opinion

Lead Opinion

MEMORANDUM **

Salvador Alfaro-Navarro, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order adopting and affirming an immigration judge’s (“IJ”) removal order and the former Legalization Appeals Unit’s (“LAU”) order dismissing Alfaro-Navarro’s appeal from the denial of his Special Agricultural Worker (“SAW”) application. We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review for abuse of discretion the denial of the SAW application, Perez-Martin v. Ashcroft, 894 F.3d 752, 758 (9th Cir.2005), and the decision whether to grant a continuance, Barapind v. Reno, 225 F.3d 1100, 1113 (9th Cir.2000). We review de novo questions of law and claims of constitutional violations in immigration proceedings. Iturribarria v. INS, 321 F.3d 889, 894 (9th Cir.2003).

The LAU did not abuse its discretion in dismissing Alfaro-Navarro’s SAW appeal where Alfaro-Navarro provided insufficient evidence of qualifying employment. See Perez-Martin, 394 F.3d at 759-60 (to overcome derogatory government evidence, an applicant must provide enough evidence to show qualifying employment “as a matter of just and reasonable inference”) (quoting 8 U.S.C. §…

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