My Adjustment of status was denied. Removal proceedings to start in 2009. Can I apply for i765?

I currently have a work authorization because I had my i485 pending. Recently my Adjustment of status was denied and they set a removal procedings court date of Jan 2009. My current work authorization expires next month, if I submit my i765 for renewal would it be automatically denied since my case is no longer pending? I was hoping to continue to work so that I can hire a lawyer for my Jan 2009 immgration appointment.