Immigration Law

Recent Posts

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 Fine from $22.4K to $9.6K; Employer 'Unaware' of I-9 Form
Posted on 1 Feb 2013 by Daniel M. Kowalski

"The company’s answer to the complaint asked for reduction in the proposed penalties because the respondent is a small cafe unable to pay a fine of $22,440 as is requested. The answer notes that Imperial Valley, California, has the highest... Read More

OCAHO on a Roll, Reduces More I-9 Penalty Amounts
Posted on 17 Dec 2012 by Daniel M. Kowalski

"The Office of the Chief Administrative Hearing Officer (OCAHO) has issued a number of decisions in the past few weeks that support a trend of reducing penalty amounts. The employers include March Construction, Inc. , Forsch Polymer Corp. , BKR Restaurants... Read More

Tags: ocaho , penalties , I-9

OCAHO Reduces I-9 Fine from $13K to $5K: USA v. Taste of China
Posted on 24 Jan 2013 by Daniel M. Kowalski

"Considering the record as a whole, the only factor not weighing in the company’s favor is the seriousness of the violations. The penalties requested are so near the maximum permissible as to appear disproportionate to the size and resources... Read More

$265K Settlement in I-9 Document Abuse Case: Real Time Staffing Services, LLC., d/b/a Select Staffing
Posted on 22 Aug 2014 by Daniel M. Kowalski

"The Justice Department reached an agreement today with Real Time Staffing Services LLC, doing business as Select Staffing, a company based in Santa Barbara, California. The settlement resolves the department’s claims that Select Staffing discriminated... Read More

OCAHO Reduces I-9 Fine from $49K to $9K: USA v. Siwan & Brothers, Inc.
Posted on 10 May 2013 by LexisNexis Communities Staff

"As explained in United States v. Pegasus Restaurant, Inc., 10 OCAHO no. 1143, 7 (2012), proportionality is critical to setting penalties. The amount should be sufficiently meaningful to accomplish the purpose of deterring future violations, United... Read More

Tags: ocaho , penalties , I-9 , siwan

OCAHO Reduces I-9 Fine from $82K to $15K: USA v. Siwan & Sons, Inc.
Posted on 10 May 2013 by LexisNexis Communities Staff

"As explained in United States v. Pegasus Restaurant, Inc., 10 OCAHO no. 1143, 7 (2012), proportionality is critical to setting penalties. The amount should be sufficiently meaningful to accomplish the purpose of deterring future violations, United... Read More

Tags: ocaho , penalties , I-9 , siwan

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 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 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

OCAHO Reduces I-9 Fine from $77K to $41K: USA v. Fowler Equipment Co., Inc.
Posted on 26 Feb 2013 by Daniel M. Kowalski

"Considering the record as a whole and the statutory factors in particular, the proposed assessment appears unduly harsh and will be adjusted as a matter of discretion to a result closer to the mid-range of permissible penalties. The seventeen violations... Read More

Tags: ocaho , penalties , fowler , I-9

ICE has major beef with Michigan dairy farm: owners sentenced to three years of probation and ordered to pay nearly $3 million in penalties
Posted on 11 Nov 2011 by Daniel M. Kowalski

" Immigration and Customs Enforcement (ICE) announced that the owners of a Michigan dairy farm had been sentenced to three years of probation and ordered to pay nearly $3 million in penalties for hiring and harboring unauthorized workers.... Read More

Tags: dairy , penalties , I-9