Alfredo Reyes-Verastica v. Eric Holder, Jr.

FILED
NOT FOR PUBLICATION MAR 29 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
ALFREDO REYES-VERASTICA, No. 09-70887
Petitioner, Agency No. A092-519-090
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
former Legalization Appeals Unit
Submitted March 8, 2011 **
Before: FARRIS, O’SCANNLAIN, and BYBEE, Circuit Judges.
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)
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
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.
2 09-70887