Garcia-Herrera

MEMORANDUM ***

Mario Garda-Herrera, a native and citizen of Mexico, petitions for review of the Legalization Appeals Unit’s (“LAU”) order dismissing his appeal from the former Immigration and Naturalization Service’s (“INS”) denial of his application for legal temporary residence as a Special Agricultural Worker (“SAW”) under 8 U.S.C. § 1160 . We have jurisdiction to review the denial of a SAW application pursuant to 8 U.S.C. § 1160 (e)(3). We will reverse a decision of the LAU where it abuses its discretion or makes findings that are con *455 trary to clear and convincing facts contained in the record considered as a whole. See Perez-Martin v. Ashcroft, 394 F.3d 752, 758 (9th Cir.2005); see also 8 U.S.C. § 1160 (e)(3)(B). Garcia-Herrera also petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judges’s denial of his application for cancellation of removal. We deny in part and dismiss in part the petition for review.

Contrary to Garcia-Herrera’s contention, the LAU did not fail to apply the correct burden-shifting scheme in denying his SAW application. If the government negates a SAW applicant’s initial qualifying…