Immigration Law

Recent Posts

OCAHO on I-9 violations: Alyn Industries
Posted on 17 Nov 2011 by Daniel M. Kowalski

"The complainant’s motion for summary decision is granted as to liability, and granted as modified with respect to penalties. Alyn Industries, Inc. is directed to pay a total of $43,000 in civil money penalties. All other pending motions are... Read More

Tags: fine , ocaho , penalty , I-9

OCAHO Greenlights UPL in I-9 Fights: USA v. Chen's Wilmington
Posted on 29 Jan 2015 by Daniel M. Kowalski

Moral of the story: When ICE raids your I-9 files, hire an attorney. Based on published OCAHO cases, you may have the penalty reduced by 50% or more. Otherwise, if you go it alone - or rely on your 'accountant' - you may end up in Ms. Chen's... Read More

Tags: fine , ocaho , wilmington , hibachi , I-9 , upl , chen

OCAHO Reduces I-9 Fine from $332.8K to $228.3K: USA v. M&D Masonry, Inc.
Posted on 18 Mar 2014 by Daniel M. Kowalski

"[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... Read More

Tags: fine , ocaho , penalty , I-9 , masonry

OCAHO I-9 Fine Activity (Oct. 20, 21, 26, 2016)
Posted on 27 Oct 2016 by Daniel M. Kowalski

USA v. Solutions Group, 12 OCAHO no. 1288, Oct. 20, 2016 - "The government met its burden of proving that Solutions Group International, LLC, is liable for eighty four violations of 8 U.S.C. § 1324a(a)(1)(B). Respondent is directed to pay civil... Read More

OCAHO Reduces I-9 Fine from $11K to $2,700 - USA v. Ideal Transportation
Posted on 17 Nov 2016 by Daniel M. Kowalski

USA v. Ideal Transportation, Nov. 17, 2016 - "I find that in the exercise of discretion, the proposed penalty in this case should be reduced to $200 for each of the nine violations involving an employee with a TWIC Card, and $300 for each of the... Read More

OCAHO levies $173K fine on drywall company for I-9 violations
Posted on 6 Oct 2011 by Daniel M. Kowalski

"KDS is directed to pay penalties totalling $173,250.00." USA v. Ketchikan Drywall Services, Inc., Aug. 11, 2011 . Read More

OCAHO Reduces I-9 Fine from $19.3K to $11.7K - USA v. Liberty Packaging
Posted on 27 Feb 2015 by Daniel M. Kowalski

"ICE is entitled to summary decision as to liability for eighteen violations. As to the penalties, there are both mitigating and aggravating factors. While Liberty is a small employer with no history of previous violations and the unauthorized status... Read More

Tags: fine , ocaho , I-9 , liberty

OCAHO Reduces I-9 Fine from $34.9K to $14.5K: Seven Elephants Distributing Corp.
Posted on 24 Mar 2013 by Daniel M. Kowalski

"Presently pending is ICE’s motion for summary decision. While no formal response was filed to the motion, the respondent filed financial information as well as hire and termination dates for its employees as previously requested. The letter... Read More

OCAHO Reduces I-9 Fines By Half
Posted on 24 Oct 2013 by Daniel M. Kowalski

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 . Read More

Tags: sapporo , sakura , red bowl , ocaho , kobe , I-9

OCAHO Sets I-9 Fine at $605K for 'Motivation to Conform' - USA v. Hartmann Studios
Posted on 15 Jul 2015 by Daniel M. Kowalski

"ICE is entitled to summary decision as to liability for 808 violations. OCAHO case law has emphasized that penalties should have a deterrent effect on an employer’s behavior and not merely be a cost of doing business. Emp’r Solutions... Read More

OCAHO Reduces I-9 Fine by One-Third: USA v. Senox
Posted on 11 Jun 2014 by Daniel M. Kowalski

[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 ... Read More

Tags: senox , fine , ocaho , I-9

OCAHO Reduces I-9 Fine from $10.7K to $4.5K - USA v. New Star
Posted on 26 Jul 2013 by Daniel M. Kowalski

"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... Read More

Tags: new star , fine , ocaho , 1192 , I-9

OCAHO Cuts I-9 Fines in Half; La Tolteca; Red Coach
Posted on 13 Aug 2013 by Daniel M. Kowalski

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. Read More

OCAHO 'Publishes' the CA9 Ketchikan I-9 Decision
Posted on 23 Sep 2013 by Daniel M. Kowalski

"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... Read More

Brooklyn Scaffolding Firm Fined $151K for I-9 Violations: USA v. Metropolitan Enterprises, Inc.
Posted on 10 Mar 2017 by Daniel M. Kowalski

USA v. Metropolitan Enterprises, Inc., 12 OCAHO no. 1297, Mar. 10, 2017 - "ICE’s Motion for Summary Decision is GRANTED, IN PART. Metropolitan Enterprises, Inc. is liable for 189 violations of 8 U.S.C. § 1324a(a)(1)(B) and is directed... Read More