Immigration Law

Recent Posts

OCAHO Settlement Officer Program
Posted on 5 Aug 2020 by Daniel M. Kowalski

EOIR, Aug. 3, 2020 "This Policy Memorandum (PM) establishes a voluntary process whereby the parties in cases before the Office of the Chief Administrative Hearing Officer (OCAHO) may use a settlement officer to mediate settlement negotiations as... Read More

Tags: ocaho , eoir

OCAHO Reduces I-9 Penalty from $187K to $97K: USA v. Speedy Gonzalez Construction, Inc.
Posted on 13 Feb 2015 by Daniel M. Kowalski

"The government originally sought $192,843.75 for the 185 violations alleged, but modified its request in light of the fact that six of its allegations were not proved. ICE now seeks $186,859.75 for the 179 violations actually found. ... In addition... Read More

OCAHO Cuts I-9 Fine in Half: USA v. Horno
Posted on 13 Apr 2015 by Daniel M. Kowalski

"The United States Department of Homeland Security, Immigration and Customs Enforcement (ICE or the government) filed a two-count complaint alleging that Horno MSJ, Ltd. Company (Horno or the company) engaged in thirty-two violations of 8 U.S.C.... Read More

Tags: horno , ocaho , I-9

OCAHO Reduces I-9 Fine from $11K to $2.2K: El Azteca Dunkirk, Inc.
Posted on 24 Mar 2013 by Daniel M. Kowalski

"This is an action arising under 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 (2006). The Department of Homeland Security... Read More

Tags: fines , el azteca , ocaho , I-9 , ICE

OCAHO on Employees vs. Independent Contractors: USA v. Saidabror Siddikov ("We do not live in a binary world...")
Posted on 20 Aug 2015 by Daniel M. Kowalski

"The United States Department of Homeland Security, Immigration and Customs Enforcement (ICE or the government) filed a complaint alleging that Saidabror Siddikov d/b/a Beyond Cleaning Services (BCS or respondent) failed to prepare, retain, or present... Read More

OCAHO Slashes I-9 Fine from $74.5K to $29.6K - USA v. SKZ Harvesting
Posted on 10 Feb 2016 by Daniel M. Kowalski

USA v. SKZ Harvesting, Inc., 11 OCAHO no. 1266, Feb. 8, 2016 - "Considering the record as a whole and the statutory factors in particular, as well as the general public policy of leniency toward small entities as set out in the Small Business Regulatory... Read More

OCAHO Reduces I-9 Fine from $44K to $33K: USA v. Black & Blue Steak & Crab
Posted on 12 Mar 2013 by Daniel M. Kowalski

"The gravamen of the amended complaint is that the respondent hired seventy-three named individuals and failed to ensure that each properly completed section 1 of Form I-9, or failed itself to properly complete section 2. ICE seeks penalties in the... Read More

OCAHO Reduces I-9 Fine from $22K to $10K: USA v. Nebeker, Inc.
Posted on 24 Jan 2013 by Daniel M. Kowalski

"The government’s complaint sought penalties of $15,427.50 for Count I and $7199.50 for Count II, or a total of $22,627.00 based on an assessment of $1028.50 for each violation. ... Even absent an adequate record the penalties requested here... Read More

Tags: nebeker , ocaho , penalties , I-9

OCAHO on I-9 Fine Settlement Agreements: USA v. California Mantel, Inc.
Posted on 13 Feb 2013 by Daniel M. Kowalski

"CA Mantel’s motion requests that OCAHO compel the government to honor a settlement agreement the company said was reached between the parties on August 27, 2012. The company asserts that after extensive negotiations the parties agreed that... Read More

OCAHO: Attorney's 'Cavalier Approach' Has Consequences - USA v. Quickstuff
Posted on 24 Nov 2015 by Daniel M. Kowalski

USA v. Quickstuff, 11 OCAHO no. 1265, Nov. 24, 2015 - "The U.S. Department of Homeland Security, Immigration and Customs Enforcement (ICE or the government) filed a complaint with the Office of the Chief Administrative Hearing Officer (OCAHO) on... Read More

Tags: quickstuff , ocaho , I-9 , atkins

Advance Copy of OCAHO Public Notice: Electronic Filing Pilot Program
Posted on 29 May 2014 by Daniel M. Kowalski

"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... Read More

OCAHO Reduces I-9 Fine from $36K to $14.5K - USA v. Cawoods Produce
Posted on 17 Jun 2016 by Daniel M. Kowalski

USA v. Cawoods Produce - "” ICE assessed a total fine of $36,465 for all three Counts. ... ICE is not entitled to summary decision as to its penalty assessment. Pursuant to well-established OCAHO case law, all of Cawoods’ substantive... Read More

Tags: cawoods , ocaho , I-9

OCAHO Reduces I-9 Fine from $87K to $17K
Posted on 20 Nov 2012 by Daniel M. Kowalski

"ICE’s motion for summary decision sought penalties in the amount of $86,933.00 and offered in support the Declaration of Karen Rahlf, Forensic Auditor, dated October 18, 2011 and an accompanying Memorandum to Case File Determination of Civil... Read More

Tags: ocaho , penalties , I-9

OCAHO Hits I-9 Second Offender With $330K Fine: USA v. Durable, Inc.
Posted on 24 Oct 2014 by Daniel M. Kowalski

"The government’s complaint was accompanied by various attachments, among which were a NIF previously issued to Durable, Inc. on November 23, 1988, and a settlement agreement the company entered with legacy Immigration and Naturalization Service... Read More

OCAHO Reduces I-9 Fine from $80K to $30K: USA v. A&J Kyoto Japanese Restaurant
Posted on 20 Jun 2013 by LexisNexis Communities Staff

"Potential penalties in this matter range from $10,010 to $100,100, and the government seeks $79,942.50 . A&J is, as it says and as the record reflects, a small restaurant in the rust belt that has a high employee turnover rate, that did not... Read More

Tags: kyoto , ocaho , penalties , I-9