Quezada-Muro v. Gonzales
Quezada-Muro v. Gonzales
Opinion of the Court
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 affidavit from John Johnson. Johnson was later convicted in federal court of creating and selling fraud
PETITION DENIED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.