Black v. Decker "These tandem appeals arise from habeas petitions brought under 28 U.S.C. § 2241 by legal permanent residents Carol Williams Black, in No. 20-3224 (Schofield, J.), and by Keisy...
Stankiewicz v. Garland "In this case, we must decide whether N.J. Stat. § 2C:35-7, which criminalizes distributing a controlled substance on or near school property, is an “aggravated...
NIPNLG Practice Advisory, May 28, 2024 "The purpose of this guide is to provide practitioners with a comprehensive resource for representing adult clients detained by DHS in immigration court bond...
Superlitigator George A. Terezakis writes: " This case involved Judge Kolbe at Varick Street. I extensively briefed her demonstrated bias and hostility throughout the proceedings, and her repeated...
Huynh v. Garland "Nguyen Chi Cuong Nmn Huynh petitions for review of a Board of Immigration Appeals (BIA) order affirming that he is removable because he was convicted of a state crime constituting...
Matter of DNP America, BALCA, Oct. 6, 2015 - "Employer correctly answered the question in Section H6 because it was not requiring experience in the job offered. Instead, Employer accurately listed the primary experiential requirement in Section H10, H10-A, and H10-B as two years in a similar accounting position, which is consistent with the experiential requirement listed in the advertisement.
The Board has declared that the “deficient format of the form” which can give the appearance that an “employer was not in compliant” with the regulations, is not a sufficient basis for a denial. Federal Insurance, 2008-PER-00037, at 13 (Feb. 20, 2009). The format of ETA’s Form, specifically the CO’s broad interpretation of the question posed in Section H6, is largely responsible for the difficulty in the instant case.
Accordingly, we vacate the CO’s denial based on the inconsistencies in experiential requirements of the Form and the newspaper advertisement and order that the CO grant certification. Based on the foregoing, IT IS ORDERED that the denial of labor certification in this matter is hereby VACATED and that the Certifying Officer is directed to GRANT CERTIFICATION."
[Hats off to Deborah J. Notkin!]