Fernandez-Rodriguez

MEMORANDUM **

In these consolidated cases, Juan Fernandez-Rodriguez, a native and citizen of Mexico, petitions for review of two Board of Immigration Appeals (“BIA”) orders. In the first order, the BIA denied his motion to remand in order to apply for a waiver of inadmissibility under former section 212(c) and affirmed the immigration judge’s (“IJ”) order pretermitting his application for cancellation of removal. In the second order, the BIA denied his motion to reconsider. We have jurisdiction under 8 U.S.C. § 1252 . We review de novo legal questions and due process claims, Fernandez-Ruiz v. Gonzales, 468 F.3d 1159, 1163 (9th Cir.2006), and review for abuse of discretion the denial of a motion to reconsider, Oh v. Gonzales, 406 F.3d 611, 612 (9th Cir.2005). We deny in part and dismiss in part the petition for review in No. 05-70866, and we deny the petition for review in No. 05-73261.

Under 8 C.F.R. § 210.4 (d)(1), the temporary resident status of a special agricultural worker (“SAW”) is terminated automatically “upon [an IJ’s] entry of a final order of deportation.” Compare Perez-Enriquez v. Gonzales, 463 F.3d 1007, 1010 (9th Cir.2006) (en banc) (holding that the petitioner…