Immigration Law

Recent Posts

OCAHO Denies Facebook's Motion to Dismiss
Posted on 8 Jun 2021 by Daniel M. Kowalski

OCAHO, June 2, 2021 "On December 3, 2020, Complainant, the United States, filed a complaint with the Office of the Chief Administrative Hearing Officer (OCAHO) alleging that Respondent, Facebook, Inc. (Facebook), violated 8 U.S.C. § 1324b... Read More

Tags: Facebook , ocaho

OCAHO Levies $136K Penalty for I-9 Violations
Posted on 3 Jun 2021 by Daniel M. Kowalski

USA v. Psychosomatic Fitness "[T]he parties do not dispute that Respondents violated 8 U.S.C. § 1324a(1)(B). At issue before the Court is the appropriate penalty in this case. ... [T]he Court notes with concern that Respondents provided a... Read More

Tags: ocaho , I-9

DOJ (IER) Files OCAHO Complaint Against Facebook
Posted on 3 Dec 2020 by Daniel M. Kowalski

DOJ, Dec. 3, 2020 Here is the press release, and here is the complaint. Yes, it's a complaint, not a lawsuit. Lawsuits are filed in courts. This is a complaint filed with the OCAHO, an administrative tribunal. PERM experts and H-1B experts, weigh... Read More

Tags: perm , Facebook , ocaho , H-1B

Advance Copy of EOIR Interim Final Rule: OCAHO Chief Administrative Law Judge
Posted on 6 Oct 2020 by Daniel M. Kowalski

This document is scheduled to be published in the Federal Register on 10/07/2020 "The Department of Justice (“Department”) is amending the regulations governing the Office of the Chief Administrative Hearing Officer to reflect the creation... Read More

Tags: ocaho , eoir

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 I-9 violations: Pegasus Restaurant
Posted on 5 Apr 2012 by Daniel M. Kowalski

"The permissible penalties in this case range from a low of $14,740 to a high of $148,740, and the government has proposed penalties that are very close to the highest available. Giving due regard to the record as a whole and to the statutory criteria... Read More

OCAHO Slaps ICE for Overreaching: USA v. Crescent City Meat Co., Inc.
Posted on 2 May 2014 by Daniel M. Kowalski

"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... Read More

OCAHO Cuts I-9 Penalty from $367K to $276K - Alpine Staffing, Inc.
Posted on 8 Jun 2017 by Daniel M. Kowalski

USA v. Alpine Staffing, Inc. - "After considering the totality of evidence, the arguments of the parties, and the relevant factors to be considered in penalty assessments, the undersigned finds that the penalties proposed by ICE are somewhat disproportionate... Read More

Tags: ocaho , alpine , I-9

2015 OCAHO Decisions re I-9 Penalties - Bruce E. Buchanan
Posted on 6 May 2016 by Daniel M. Kowalski

Bruce E. Buchanan, May 3, 2016 - "An analysis of the ... numbers demonstrates OCAHO lowered ICE’s proposed penalties on average by 32.8%. ICE sought $1,877,796 while OCAHO ordered $1,200,772. These reductions were substantially less than in... Read More

Tags: buchanan , ocaho , I-9

DOJ Files OCAHO Complaint: Document Abuse
Posted on 20 Jun 2012 by Daniel M. Kowalski

" The Justice Department announced today the filing of a lawsuit against Rose Acre Farms Inc., a major U.S. egg producer based in Seymour, Ind., alleging that Rose Acre engaged in a pattern or practice of discrimination against work-authorized non... Read More

CAHO Vacates, Remands Crescent City Meat; New Decision
Posted on 28 May 2014 by Daniel M. Kowalski

"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... Read More

Public Notice: OCAHO Electronic Filing Pilot Program
Posted on 30 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