Quezada-Muro
Quezada-Muro v. Gonzales
Opinion
Lead Opinion
MEMORANDUM ***
Salvador Quezada-Muro petitions for review of the Legalization Appeals Unit’s (LAU) dismissal of his appeal from the INS’s denial of his application for legal temporary residence as a Special Agricultural Worker (SAW) under 8 U.S.C. § 1160 . We deny the petition for review.
On appellate review, the LAU’s determinations “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 as a whole.” 8 U.S.C. § 1160 (e)(4). The LAU’s determinations were neither an abuse of discretion nor are they directly contrary to the facts contained in the record. An applicant for SAW benefits whose initial qualifying evidence is negated by the government “is required to provide [ ] enough evidence so that the evidence before the adjudicator, viewed as a whole, is ‘sufficient to show [qualifying] employment as a matter of just and reasonable inference.” ’ Perez-Martin v. Ashcroft, 394 F.3d 752, 759-60 (9th Cir.2005) (quoting 8 U.S.C. § 1160 (b)(3)(B)(iii)). The evidence tendered by Quezada does not satisfy that standard. Quezada’s original application was supported by an…