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OCAHO: Govt. Failed to Meet Burden in I-9 Case

February 25, 2023 (1 min read)

USA v. Quisquina-Yaxon

"Respondent timely filed an Opposition to the Government’s Motion for Summary decision. Respondent argues that the Government has not met its burden of proof to support a summary decision because there remains a genuine issue of fact with regard to the “knowledge” element of Respondent’s conduct. Resp’t Opp’n to Mot. for Summ. Decision 6. Specifically, Respondent asserts that she has not stipulated to any of the facts alleged by the Government except that she was personally served with the NIF and that Form I-9 is attached to the Government’s complaint. Id. at 5. Respondent asserts that the Government has still not established that Respondent signed the I-9, that she knowingly used the documents to obtain employment, that she is literate in English, that she possessed or presented the documents herself, that she completed the I-9 herself, or that she had the assistance of a competent translator. Id. Accordingly, Respondent urges the Court to deny the Government’s motion and instead determine the issue during a hearing. ...  [T]he Court finds that the Government has not met its burden of showing that absence of any material fact or that it is entitled to judgment as a matter of law. The Government’s Motion for Summary Decision is DENIED. Given this holding, the Court will set a status conference in this matter."

[Hats off to Malvern Burnett for holding ICE's feet to the fire!]