Aguiar-Arellano

MEMORANDUM **

Petitioner Juan de Dios Aguiar-Arellano (Aguiar) petitions for review of (1) the final order of the Board of Immigration Appeals (BIA) affirming the denial of his application for suspension of deportation and (2) the decision of the Legalization Appeals Unit (LAU) 1 dismissing his appeal of the denial of his Special Agricultural Worker (SAW) application. Because the parties are familiar with the facts, we do not recite them here except as necessary to explain our decision.

We have jurisdiction to review the BIA’s final order pursuant to 8 U.S.C. § 1252 and the LAU’s final order pursuant to 8 U.S.C. § 1160 (e)(3)(A), Perez-Martin v. Ashcroft, 394 F.3d 752, 757 (9th Cir.2005). When reviewing the LAU’s decision, “the findings of fact and determinations contained in such record 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.” 8 U.S.C. § 1160 (e)(3)(B).

A. LAU Appeal

Aguiar contends that he was denied due process as the notices pertaining to the *508 denial of his SAW application were not sent to his last known address as…