Alfredo Reyes-Verastica v. Eric Holder, Jr., No. 09-70887 (9th Cir. 2011)

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FILED MAR 29 2011 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT ALFREDO REYES-VERASTICA, Petitioner, No. 09-70887 Agency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

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