Alfredo Reyes-Verastica v. Eric Holder, Jr.

425 F. App'x 593

• Court: Court of Appeals for the Ninth Circuit
• Decided: March 29, 2011
• Docket: 09-70887
• Status: Unpublished

Opinion

MEMORANDUM **

Alfredo Reyes-Verastica, a native and citizen of Mexico, petitions for review of the former Legalization Appeals Unit’s (“LAU”) order dismissing his appeal from the denial of his application for temporary resident status as a Special Agricultural Worker (“SAW”). We have jurisdiction under 8 U.S.C. §§ 1160(e)(3) and 1252. Reviewing for abuse of discretion, Perez-Martin v. Ashcroft, 394 F.3d 752, 758 (9th Cir.2005), we deny the petition for review.

The LAU did not abuse its discretion in dismissing Reyes-Verastica’s SAW appeal where he provided insufficient evidence to establish that he performed qualifying agricultural work during the statutory time period. See id. at 759-60 (to overcome derogatory government evidence, SAW applicant must provide sufficient evidence to show qualifying employment “as a matter of just and reasonable inference”) (quoting 8 U.S.C. § 1160(b)(3)(B)(iii)).

PETITION FOR REVIEW DENIED.

** This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.