BALCA remanded the case for certification

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BALCA remanded the case for certification, finding that 20 CFR §656.17(e)(2) only calls for “placement” of an SWA job order, and that the CO’s request for documentation that the job order was actually run was unreasonable. (Matter of Mandy Donuts, 1/7/11)

Indiana Chinese restaurant owner was sentenced 3 years in prison for concealing undocumented employees and mail fraud

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ICE press release announcing that the former owner of a Chinese restaurant in Indiana was sentenced in federal court to three years in prison for concealing undocumented employees and mail fraud.

Employer’s mailing address could have confused the U.S. Postal Service

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BALCA remanded the case for processing, finding sua sponte that the employer’s mailing address could have confused the U.S. Postal Service and could explain why the employer did not receive the audit notification letter. (Matter of 41st Street Corp., 1/7/11)

8 year prison sentence for a man impersonate an ICE officer

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ICE press release announcing eight year prison sentence for Robert Fred Mejia for conspiring to impersonate an ICE officer and other charges. As a result of the fraud, between 50 and 250 victims from the District of Columbia and Virginia lost between $400,000 and $1 million.

H-2A back pay/civil penalty case

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In an H-2A back pay/civil penalty case, the ARB found that the ALJ erred in taking administrative notice of respondent’s prior discovery abuse because the noticed facts were not generally known or verifiable. (Matter of Global Horizons Manpower, 12/21/10)

Comment request on the extension of the validity of Form DS-2019

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DOS 60-day comment request on the extension of the validity of Form DS-2019, Certificate of Eligibility for Exchange Visitor (J-1) Status. Comments are due 3/13/11. (76 FR 2190, 1/12/11)

New discretionary exemption for material support to the (AISSF-Bittu)

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DHS notice of determination with regard to a new discretionary exemption under INA Section 212(d)(3)(B)(i) for material support to the All India Sikh Students Federation-Bittu Faction (AISSF-Bittu). (76 FR 2130, 1/12/11)

New discretionary exemption for activities and associations relating to the ABSDF

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DHS notice of determination with regard to a new discretionary exemption under INA Section 212(d)(3)(B)(i) for activities and associations relating to the All Burma Students’ Democratic Front (ABSDF). (76 FR 2131, 1/12/11)

Family-Based Albanian Social Group Claim Rejected in Demiraj v. Holder

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Over dissent, the court found that the extensive, credible record of kidnapping and harm to petitioner’s family members evidenced a quintessentially personal motivation of revenge, not one based on membership in a social group. (Demiraj v. Holder, 1/11/11)

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