OCAHO Reduces I-9 Fine from $10.7K to $4.5K - USA v. New Star

"For a fledgling “mom and pop” restaurant with only ten employees and a payroll totaling only $84,147 for the calendar year 2010, moreover, the proposed penalty appears unduly harsh as well as disproportionate to the size and the status of the employer. As explained in Pegasus, 10 OCAHO...

OCAHO Cuts I-9 Fines in Half; La Tolteca; Red Coach

In two Aug. 7, 2013 restaurant cases, OCAHO reduced the I-9 fines roughly by half: From $36K to $16K - USA v. NEW SUN TRANSIT, INC. D/B/A ) LA TOLTECA MEXICAN RESTAURANT From $30K to $16K - USA v. THE RED COACH RESTAURANT, INC.

OCAHO Slashes I-9 Fine from $14,960 to $6,400: Mr. Mike's Pizza

"The penalty proposed nevertheless appears excessive in light of the record as a whole. Mr. Mike’s is a very small business, and the parties do not dispute that the restaurant is struggling. There is no suggestion that the company acted in bad faith to avoid the requirements of the law, and...

OCAHO Reduces I-9 Fine from $26.8K to $10K - Natural Environmental

"The government requests penalties at the rate of $1075.25 for each violation, an amount that falls short of the maximum permissible by only $24.75. Our case law suggests, however, that penalties so close to the maximum should be reserved for violations more egregious than have been shown here....

OCAHO Reduces I-9 Fine from $70.9K to $23.7K: Platinum Builders

"The penalty requested here, $1028.50 for each violation, is only $71.50 short of the maximum permissible. Our case law, however, has often observed that penalties approaching the maximum should be reserved for the most egregious violations. See United States v. Fowler Equip. Co., 10 OCAHO no. 1169...

OCAHO 'Publishes' the CA9 Ketchikan I-9 Decision

"The Office of the Chief Administrative Hearing Officer publishes decisions that have been selected for and may be used as precedent pursuant to 5 U.S.C. section 552(a)(2). Each decision has been given an OCAHO Reference Number for publication purposes." - OCAHO On Aug. 6, 2013 the U.S....

OCAHO Reduces I-9 Fines By Half

From $29,452.50 to $15,000 - USA v. Kobe Sapporo Japanese, Inc . From $32,397.75 to $15,600 - USA v. Kobe Sakura Japanese, Inc . From $21,505 to $10,350 - Red Bowl Asian Bistro .

OCAHO Reduces I-9 Fine from $15.8K to $7.4K: U.S.A. v. Metropolitan Warehouse

"Proportionality is essential in setting penalties, Pegasus, 10 OCAHO no. 1143 at 7. The goal is to reach a result that is sufficiently meaningful to accomplish the purpose of deterring future violations, United States v. Jonel, Inc., 8 OCAHO no. 1008, 175, 201 (1998), without being “unduly...

2013 OCAHO I-9 Penalty Trends: Bruce E. Buchanan

"The first thing that stands out about 2013 decisions from the Office of Chief Administrative Hearing Officer (OCAHO) is that there was a major uptick in the number of substantive decisions – 30, up from 11 in 2012." - Bruce E. Buchanan, Jan. 23, 2014 .

OCAHO Reduces I-9 Fine from $265K to $89K: USA v. Two For Seven, LLC

"ICE has requested a penalty of $935 per violation, totaling $264,605 for two hundred eighty-three violations. ... ICE’s proposed fine, moreover, amounts to more than half of the company’s income for 2011, an excessive fine for a relatively small business located in an economically depressed...

No Reduction of Fine in Latest OCAHO I-9 Case: USA v. Symmetric Solutions ($77K)

"The government’s motion contends that it is entitled to summary decision as to both counts, as well as to penalties totaling $77,000. ... [W]hile I do not necessarily concur with all aspects of the government’s rationale, Symmetric has pointed to no reason for reducing the penalties...

OCAHO Reduces I-9 Fine from $22K to $9K: USA v. New Outlook Homecare

"The total penalty sought was $21,598.50. ... Given the nature of the business and considering the record as a whole in light of the general public policy of leniency toward small entities set out in the Regulatory Flexibility Act, 5 U.S.C. § 601 et seq. (2006), amended by § 223(a) of...

OCAHO Reduces I-9 Fine from $332.8K to $228.3K: USA v. M&D Masonry, Inc.

"[C]onsideration of the record as a whole persuades me that the principle of proportionality would be better served by adjusting the penalties to an amount that is still near the higher end of the mid-range, but somewhat lower than the $981.75 sought by the government. Penalties so close to the...

Arizona Golf Club Liable for 129 Form I-9 Violations: USA v. Golf International

"Golf International d.b.a. Desert Canyon Golf is liable for a total of 129 violations of 8 U.S.C. § 1324a(a)(1)(B). ... Liability is established for all the violations alleged in the complaint. ICE may have until April 16, 2014 to file its penalty request and Golf’s response may be filed...

OCAHO Slaps ICE for Overreaching: USA v. Crescent City Meat Co., Inc.

"Immigration and Customs Enforcement (ICE or the government) filed a complaint alleging that Crescent City Meat Company, Inc. (Crescent City or the company) violated 8 U.S.C. § 1324a(a)(1)(B) by failing to prepare, retain, and/or present I-9 forms for fifteen employees. The total penalty sought...

CAHO Vacates, Remands Crescent City Meat; New Decision

"Because, in my view, ICE did not attempt to charge Respondent with violations for any individuals hired before November 6, 1986, I find no overreach in ICE’s NIF or Complaint in this case. ... Accordingly, because the ALJ’s penalty assessment was based at least in part on a finding...

Advance Copy of OCAHO Public Notice: Electronic Filing Pilot Program

"The Office of the Chief Administrative Hearing Officer (OCAHO), Executive Office for Immigration Review (EOIR), is creating a voluntary pilot program to test an electronic filing system in certain cases filed with OCAHO under 8 U.S.C. 1324a and 1324b. This notice describes the procedures for participation...

Public Notice: OCAHO Electronic Filing Pilot Program

"The Office of the Chief Administrative Hearing Officer (OCAHO), Executive Office for Immigration Review (EOIR), is creating a voluntary pilot program to test an electronic filing system in certain cases filed with OCAHO under 8 U.S.C. 1324a and 1324b. This notice describes the procedures for participation...

OCAHO Reduces I-9 Fine from $90K to $25K: USA v. Century Hotels

"Immigration and Customs Enforcement (ICE or the government) filed a four-count complaint alleging that Century Hotels Corporation, d.b.a. Scottsdale Thunderbird Suites (Century or the company) engaged in ninety-one violations of 8 U.S.C. § 1324a(a)(1)(B). ... The total penalty sought was ...

OCAHO Reduces I-9 Fine by One-Third: USA v. Senox

[Full disclosure: my client, my case.] "The penalties [ICE sought] were then aggravated based on the large size of the company, but the remaining factors were treated neutrally, so the final rate was $981.75 for each violation, or a total of $66,759. ICE’s forensic auditor considered Senox...

OHAHO on Discovery, Protective Orders: USA v. Durable, Inc.

"Prehearing procedures are ongoing. Shortly before the close of discovery, Durable filed a motion for a protective order addressed to certain of the interrogatories and requests for production that ICE had propounded to the company. The government filed a timely response, captioned as both a response...

OCAHO Reduces I-9 Fine from $114K to $58K: USA v. Golf International

"This is an action pursuant to the employer sanctions provisions of the Immigration and Nationality Act (INA), as amended by the Immigration Reform and Control Act of 1986 (IRCA), 8 U.S.C. § 1324a (2012), in which the United States Department of Homeland Security, Immigration and Customs Enforcement...

OCAHO Reduces I-9 Fine by Half: USA v. Jalisco's Bar & Grill, Inc.

"This is an action pursuant to the employer sanctions provisions of the Immigration and Nationality Act (INA), as amended by the Immigration Reform and Control Act of 1986 (IRCA), 8 U.S.C. § 1324a (2012), in which the United States Department of Homeland Security, Immigration and Customs Enforcement...