Pedro-Francisco

MEMORANDUM **

In this petition for review of his removal order, Andres Pedro-Francisco, a native and citizen of Guatemala, challenges the Legalization Appeals Unit’s (“LAU”) order dismissing his appeal from the denial of his 1988 application for temporary resident status as a Special Agricultural Worker (“SAW”). We have jurisdiction pursuant to 8 U.S.C. § 1160 (e)(3)(A). The LAU’s decision “shall be conclusive unless the applicant can establish abuse of discretion or that the findings are directly contrary to clear and convincing facts contained in the record considered as a whole.” Perez-Martin v. Ashcroft, 394 F.3d 752, 758 (9th Cir.2005) (quoting 8 U.S.C. § 1160 (e)(3)(B)). Our review is “based solely upon the administrative record established at the time of the review by the appellate authority.” 8 U.S.C. § 1160 (e)(3)(B). We deny the petition for review.

Pedro-Francisco appealed the Immigration and Naturalization Service’s (“INS”) denial of his SAW application, which was based on information indicating his claim to qualifying employment was fraudulent. See Perez-Martin, 394 F.3d at 758-60 (describing burden-shifting analysis of SAW determination). The LAU dismissed…