U.S. Court of Appeals for the Ninth Circuit, 2009

Torres-Salas v. Holder

Torres-Salas v. Holder
U.S. Court of Appeals for the Ninth Circuit · Decided October 7, 2009 · Clifton, Rawlinson, Silverman
348 F. App'x 248

Torres-Salas v. Holder

Opinion of the Court

MEMORANDUM **

Francisco Torres-Salas, a native and citizen of Mexico, petitions for review of the former Legalization Appeals Unit’s (“LAU”) order dismissing Torres-Salas’ appeal from the denial of his Special Agricultural Worker (“SAW”) application. We have jurisdiction pursuant to 8 U.S.C. § 1252. We review for abuse of discretion the denial of a SAW application, Perez-Martin v. Ashcroft, 394 F.3d 752, 758 (9th Cir. 2005), and we deny the petition for review.

The LAU did not abuse its discretion in dismissing Torres-Salas’ SAW appeal where Torres-Salas provided insufficient evidence of qualifying employment. See Perez-Martin, 394 F.3d at 759-60 (to overcome derogatory government evidence, an applicant must provide enough 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.

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