Federal Agency Decisions
Federal workers' compensation appeals from the Department of Labor's Employees' Compensation Appeals Board (ECAB), federal-sector labor-relations cases from the Federal Labor Relations Authority (FLRA), mine-safety cases from the Federal Mine Safety and Health Review Commission (FMSHRC), workplace-safety cases from the Occupational Safety and Health Review Commission (OSHRC), Longshore Act and Black Lung Benefits Act appeals from the Department of Labor's Benefits Review Board (BRB), precedent decisions of the Board of Immigration Appeals (BIA), environmental permit and penalty appeals from the EPA's Environmental Appeals Board (EAB), and whistleblower and other labor appeals from the Department of Labor's Administrative Review Board (ARB), each with a plain-English summary, the law it cites, and whether it counts as precedent. More agencies are coming.
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Matter of C—C—Y—
Reopened hearing cures procedural defects
The respondent was ordered deported after a narcotics conviction. He had no lawyer at his 1954 immigration hearing, the Service did not provide an interpreter, and the record did not show that he was told of his right to counsel. The proceedings were reopened in 1959, and he received further…
Matter of Y—K—W—
Adopted child's residence with one parent satisfied visa rule
A U.S. citizen petitioned for nonquota immigrant status for a son he and his wife adopted in China. The son had lived with his adoptive mother for more than two years, but had not lived with his adoptive father for that period. The Board denied the petition under an earlier interpretation requiring…
Matter of W—
Acknowledgment did not establish a qualifying child relationship
A permanent resident petitioned for third preference visa status for his daughter, who was born outside marriage in Surinam. Both parents had formally acknowledged her, but they never married each other. The Board found that acknowledgment under Surinam law did not legitimate the child, and the…
Matter of De M—
Exclusion reversed after perjury finding failed
A woman from the Dominican Republic applied for admission with an immigrant visa after pleading guilty to attempted petit larceny. The special inquiry officer treated that conviction as a petty offense but excluded her because he concluded that she had also committed perjury when she denied an…
Matter of B—
Deportation upheld on two charges, address reporting charge dropped
A restaurant operator had been convicted of two federal liquor tax offenses arising from sales in different years. The Board held that the offenses involved moral turpitude because they required an intent to defraud and did not arise from a single scheme: he stopped selling liquor after a local…
Matter of M—
Opium poppy conviction supports deportation charge
The respondent, a native of India and citizen of Pakistan, appealed a deportation order based in part on his conviction for growing opium poppies without a license. He conceded a separate charge for entering without the required immigration visa. He argued that a conviction involving opium poppies…
Matter of M—D—
Texas probation did not undo burglary conviction
A Mexican citizen pleaded guilty to burglary in Texas within five years of his last entry into the United States. The trial court imposed a two-year prison sentence but suspended its execution and placed him on probation. He argued that probation meant there was no final conviction for the…
Matter of K—S—Y—
Motion to reopen for suspension application denied
A Chinese seaman sought to reopen his deportation proceedings so he could apply for suspension of deportation. He argued that an earlier application to adjust status under the Refugee Relief Act of 1953 should count as the required suspension application. The Board held that the two statutes set…
Matter of R—M—
Marihuana conviction supported exclusion after parole
The Board reviewed an appeal from a special inquiry officer's exclusion decision against a 19-year-old Mexican citizen who had been lawfully admitted for permanent residence and later sought readmission after a short absence. He was paroled for deferred inspection on June 10, 1960, while lacking…
Matter of G—
California expungement defeated the nonnarcotics deportation charge
A German permanent resident faced deportation after a California forgery conviction for an offense committed within five years of entry. The California court later set aside his guilty plea and dismissed the criminal case under Penal Code section 1203.4. The special inquiry officer terminated…
Matter of O—M—
Deportation approved after Puerto Rican citizenship claim rejected
A man born in Puerto Rico in 1908 entered the United States as a visitor in 1957 and remained after his admission period expired. He argued that his Puerto Rican birth made him a U.S. citizen, so he could not be deported. His father, a Spanish national, had filed a declaration retaining allegiance…
Matter of K—
Attorney General reinstates exclusion after a conviction during parole
An applicant with permanent resident history returned to the United States in 1956 while authorities suspected him of diamond smuggling. Immigration officials held his admission application open and paroled him into the country for criminal prosecution. He pleaded guilty, and a special inquiry…
Matter of C—N—J—
Adjustment of status granted under the amended immigration law
A woman from China entered the United States as the spouse of someone who claimed to be a U.S. citizen. He later admitted that he had falsely claimed citizenship, but she testified that she had not known this when she entered. After he became a citizen and obtained approval of a new immigration…
Matter of M—
Deportation upheld with an amended legal conclusion
An Italian national appealed an order deporting him based on earlier Italian convictions and a visa obtained without disclosing them. The Board held that his forgery and swindling offenses involved moral turpitude, while the violation of domicile did not. It also agreed that his failure to disclose…
Matter of T—
Denaturalization findings supported the deportation order
A Romanian-born man appealed an order deporting him for Communist Party membership after his admission to the United States. He argued that he remained a U.S. citizen and disputed the membership finding. The Board held that the federal judgment revoking his naturalization remained effective while…
Matter of M—
Timely recantation removed a legal bar, but voluntary departure was denied
An Italian seaman overstayed his admission and sought voluntary departure in lieu of deportation. A special inquiry officer found him ineligible because he had falsely claimed lawful residence when questioned by an immigration officer. The Board held that he had voluntarily corrected the statement…
Matter of K—
Sentencing court recommendation preserved eligibility for admission
A Hungarian refugee paroled into the United States was convicted of armed robbery and assault with intent to commit murder while on parole. The sentencing judge recommended that he not be deported because of that conviction. A special inquiry officer later admitted him for permanent residence under…
Matter of H—
Military service after exemption did not remove citizenship bar
A Swiss resident had claimed exemption from United States military service in 1954 and later volunteered for two years of Army service. The Board held that his later peacetime service did not remove the statutory bar to citizenship created by the earlier exemption. It maintained the finding that he…
Matter of R—E—
Long residence did not qualify for a waiver after unlawful entry
A Mexican man had lived in the United States since entering without inspection in 1914. He received a record of permanent residence in 1959, but the Service later sought to rescind it because of his 1942 marijuana conviction. The Assistant Commissioner held that the conviction made him inadmissible…
Matter of C—
Student kept his status despite a disorderly conduct conviction
A student from Bermuda appealed an order finding him deportable for failing to comply with his nonimmigrant student status after a disorderly conduct case. He had not been incarcerated and continued attending Howard University. The Board explained that an earlier visitor case turned on the…
Matter of F—
Honest citizenship claim did not bar adjustment of status
A woman from the Philippines sought permanent resident status after being admitted to the United States as a citizen in 1945, even though an earlier exclusion ruling had found that she had not acquired citizenship. A district director denied her application because she had not entered as a bona…
Matter of Y—J—G—
Aging out did not end the family relationship for visa status
A Chinese permanent resident's visa petition for his son had been approved in 1958, then automatically revoked when the son turned 21. A 1959 amendment extended third preference eligibility to unmarried adult sons and daughters of permanent residents. The Board held that the petition could be…
Matter of K—B—N—
Adjustment denied after false testimony for entry document
A Chinese citizen sought adjustment of status after entering the United States with a certificate of identity for a citizenship lawsuit. The regional commissioner had denied his application under the earlier version of the law because he was not admitted as a bona fide nonimmigrant. After Congress…
Matter of B—
Visa petition filed before two years of custody had passed
A Jamaican permanent resident sought third preference visa status for his adopted daughter. She was adopted in July 1959 while under age 14, but the petition was decided before her adoptive parents had held legal custody for the two years required by the statute. The Board held that she did not yet…
Matter of G—
Illinois marriage was valid until annulled
A United States citizen sought a visa for her Greek husband, but the District Director denied the petition because the couple had married in Illinois without parental consent while under the ages stated on their marriage license. The Board identified the marriage's status under Illinois law as the…
Matter of A—
Guam phase-out plan still required a stay extension
A Philippine baker working on Guam remained after his authorized temporary stay expired in May 1959. He argued that a Service plan to phase out foreign contract workers allowed him to stay while his employer sought replacements. The Board found that the plan still required a separate, timely…
Matter of L—
Later skilled work did not create presumed permanent residence
A Philippine worker first entered Guam in 1947 as a contract laborer and later became a construction foreman. He argued that a regulation gave him a presumption of lawful permanent residence, but the Board held that the rule required admission before December 24, 1952, in a capacity other than…
Matter of K—
Adoption defeated natural mother's preference visa petition
A Swedish lawful permanent resident sought preference quota status for her adult daughter, a Danish citizen. The daughter had been adopted by another couple at age two. The Board applied the adoption rule then in force, which barred a natural parent from using that relationship to petition for…
Matter of V—Q—
Admission ended the exclusion process
A lawful permanent resident returning from Mexico presented her registration card at the El Paso pedestrian inspection point. An immigration officer told her to “go ahead.” A bystander then alleged that she had engaged in prostitution, and officers recalled her for questioning. The Board held that…
Matter of L—Y—Y—
Parole termination required exclusion proceedings
A Chinese man who sought entry as a citizen in 1948 was paroled while his claim was examined, then ordered excluded. The immigration service later ended his parole retroactively and placed him in deportation proceedings so he could seek suspension of deportation. The Board held that the agency…
Matter of A—
Older adoption preserved quota status but barred nonquota status
A U.S. citizen and her late husband had adopted a Yugoslav child after he turned 14, and their petition had secured him fourth preference quota classification before a 1959 law changed the rules. The Assistant Commissioner held that the new law preserved that earlier classification but did not give…
Matter of G—
Constructive residence preserved citizenship
A man born in Lebanon acquired U.S. citizenship through his naturalized father, but officials had told his father that he lost it because he had not moved to the United States before turning 16. The Board treated the official misinformation and his later prompt travel as giving him constructive…
Matter of SS. Bellina
No fine where crewman did not land
A vessel's crewman was not allowed to go ashore, and the vessel's agents were fined $200 for allegedly failing to keep him on board. His body was later found near the shoreline, and his death was determined to be drowning. The Board held that no landing had occurred, which it considered essential…
Matter of G—
Adjustment denied after conflicting marital testimony
A Polish visitor applied for permanent resident status after marrying a U.S. citizen. He had previously testified under oath that he had a wife and child in Poland, but later claimed that he had never been married there. A change to the adjustment regulation removed the earlier bar based on his…
Matter of B—
Adoption at 15 did not end immigration tie to natural parents
A naturalized U.S. citizen sought second preference immigrant visas for her natural parents. She and her brother had been adopted by an aunt and uncle in Arizona when she was over 15 years old. Arizona law ended a child's legal ties to natural parents upon adoption, but the Board held that federal…
Matter of C—
Italian army service supported expatriation ruling
An Italian born man claimed U.S. citizenship through his father and challenged an order finding him deportable after he overstayed permission to enter as a crewman. The Board accepted that he acquired U.S. citizenship at birth but found that he also held Italian nationality through his paternal…
Matter of B—
Later mental illness did not establish deportability
An Irish permanent resident received care at a state hospital several years after entering the United States. The immigration service argued that a hereditary predisposition meant his mental illness existed before entry, which would support deportation under the statute it invoked. The Board found…
Matter of L—
Deportation order upheld based on Finnish Workers Federation membership
A Finnish citizen who had lived in the United States since 1914 appealed an order directing his deportation. The government charged him with membership in an affiliate of the Communist Party and in an organization that distributed material advocating world communism. The Board found that the…
Matter of P—R—
Expatriation finding overturned under Supreme Court proof standard
A man born in California was taken to Mexico as a child and returned to the United States in 1950. An immigration officer later ordered him deported after finding that he had lost his citizenship by remaining abroad to avoid wartime military service, then entered without inspection in 1955. The…
Matter of M—
Board cannot review a regional adjustment denial on deportation appeal
A Polish born citizen of Argentina stayed in the United States after his visitor admission expired. A district director denied his application to become a permanent resident, and a regional commissioner upheld that denial. On appeal from a later deportation order, he argued that the adjustment…
Matter of M/V Signeborg
One detention fine per crewman for a vessel's trip
Two crewmen left the M/V Signeborg after their landing permits were cancelled and the vessel's master was ordered to detain them. The district director imposed three $1,000 fines because one crewman left the vessel at both Chicago and Milwaukee. The Board had removed the second fine for that…
Matter of W—
Exclusion and waiver denial upheld on reconsideration
A British subject married to a United States citizen sought a waiver after being found excludable for burglary and larceny convictions. He argued that separation from his wife caused extreme hardship and that a sentencing judge had recommended against deportation. The Board found the judge's…
Matter of C—
Deportation appeal rejected after review of membership evidence and witness statements
A Russian national who had lived in the United States since 1921 appealed a deportation order based on alleged Communist Party membership after entry. Following a court remand, the Board reviewed whether his membership had been voluntary and meaningful. It relied on witness testimony about his…
Matter of PAWA Plane No. 715
Repeated passenger form errors support $270 in fines
PAWA submitted incomplete or incorrect arrival forms for 27 passengers on two flights into Honolulu. The district director imposed a $10 fine for each passenger, totaling $270. PAWA argued that it should have been given a chance to correct the clerical errors during inspection. The Board held that…
Matter of P—
Later recommendation against deportation did not prevent removal
The respondent faced deportation after two disorderly conduct convictions that the parties agreed involved moral turpitude. A court vacated one conviction after a coram nobis petition, but the respondent pleaded guilty again at the new hearing and obtained a recommendation against deportation. The…
Matter of B—
Resentencing did not make a late recommendation effective
The respondent appealed a deportation order based on a conviction for receiving stolen property. The sentencing court later vacated the judgment, sentenced him again, and recommended against deportation. The Board found that the sole reason for vacating and reentering the judgment was to obtain a…
Matter of C——
Adjustment denied as a matter of discretion after visa refusals
A German applicant had been refused an immigrant visa twice by the American consulate in Frankfurt. She later obtained a visitor visa from the consulate in Tijuana, stating that she intended to visit a friend at an address the Service found fictitious. She entered the United States and married a…
Matter of F——
Return entry defeated pending adjustment application
An English treaty trader applied to become a permanent resident after entering the United States as a temporary visitor. She then traveled to England before her application was decided and returned as a treaty trader while intending to continue the pending application. The district director…
Matter of R—
Civil rights restoration did not satisfy the pardon rule
The respondent faced deportation based on two convictions that the order to show cause treated as crimes involving moral turpitude. A special inquiry officer ended the case after finding that a Wisconsin governor's restoration of civil rights counted as a full and unconditional pardon. The Board…
Matter of SS. Yarmouth
Carrier's $1,000 stowaway fine set aside
Immigration officials imposed a $1,000 fine on the Eastern Shipping Company for allegedly failing to detain a stowaway aboard the SS. Yarmouth before inspection. The alleged stowaway said he had arrived on that vessel, but the master and crew submitted affidavits contradicting his account. The…
Matter of P—C—
Court record identified heroin in narcotics conviction
An immigration officer appealed the termination of deportation proceedings against a person convicted in New York of possessing an unspecified narcotic drug. The Board examined an arresting officer's affidavit and a laboratory report that identified the drug as heroin. It held that New York…
Matter of A——
Crewman's adjustment denial upheld after return entry
A Greek crewman deserted his ship in 1958 and sought permanent residence after marrying a U.S. citizen. His first application was denied, and he left the country. On returning as a crewman in 1959, he filed another application within days. The Regional Commissioner found that he had not established…
Matter of C—
Marriage before entry invalidated preference visa
The respondent received a third preference immigrant visa as the unmarried minor child of a permanent resident, then married before entering the United States. The Board held that she no longer had the status required by that visa when she entered, making her deportable regardless of whether she…
Matter of N—
California Youth Authority commitment was not a sentence to confinement
The respondent was convicted of attempted robbery and committed to the California Youth Authority. The Service argued that this amounted to a sentence to confinement of a year or more under the charged deportation ground. The Board held that the court had committed him for training and treatment…
Matter of D—
Petty offense exemption did not bar deportation
The respondent received a suspended one-year sentence for a California forgery conviction and spent three months in county jail as a condition of probation. The special inquiry officer certified the deportation order to the Board after considering whether a petty offense exemption might apply. The…
Matter of C——
Deportation order upheld after disputed entry and Communist Party membership
The respondent entered the United States in 1926, abandoned his residence in 1931, returned without lawful admission in 1932, and obtained an immigrant visa after a brief trip to Canada in 1940. The Board found that he had voluntarily belonged to the Communist Party between 1927 and 1938. It held…
Matter of R——
Wartime illness did not prove mental defect at entry
The respondent entered the United States in 1950 after surviving Nazi persecution and a period of hospitalization in Rome. The Service alleged that he had been excludable at entry because of a mental defect. Public Health Service physicians supported that charge using records, while two…
Matter of L——
Two hours of work did not establish commuter status
A Canadian applicant sought to enter the United States as a returning commuter after holding a border crossing card. She had worked in the United States for only two hours during the ten months after her initial admission. The Board held that this brief employment had never established the stable…
Matter of M/V Arnfinn Stange
Vessel agents owed a detention duty without separate notice
A crewman left the M/V Arnfinn Stange after an immigration officer refused him permission to land. The vessel's agents appealed a fine, arguing that they had not received the notice needed to detain him. The Board held that the statute itself required detention until a landing permit was issued…
Matter of G——
Crewman's adjustment denial upheld after reconsideration
A Greek crewman sought permanent residence after returning to the United States in March 1959. The Regional Commissioner reconsidered an earlier dismissal of his appeal and agreed that a prior deportability finding did not automatically bar his application under the cited regulation. The…
What these documents are
- The agencies: Federal workers' compensation appeals from the Department of Labor's Employees' Compensation Appeals Board (ECAB), federal-sector labor-relations cases from the Federal Labor Relations Authority (FLRA), mine-safety cases from the Federal Mine Safety and Health Review Commission (FMSHRC), workplace-safety cases from the Occupational Safety and Health Review Commission (OSHRC), Longshore Act and Black Lung Benefits Act appeals from the Department of Labor's Benefits Review Board (BRB), precedent decisions of the Board of Immigration Appeals (BIA), environmental permit and penalty appeals from the EPA's Environmental Appeals Board (EAB), and whistleblower and other labor appeals from the Department of Labor's Administrative Review Board (ARB). Each decision page names its agency.
- Commission, Board and Authority decisions: Rulings by the agency's highest review level (the Commission at OSHRC and FMSHRC, the Authority at FLRA, the Board of Immigration Appeals, the Administrative Review Board at Labor, and the Environmental Appeals Board at EPA). These are citable as precedent, though a decision may have been appealed to a U.S. Court of Appeals after issuance.
- ALJ decisions: Rulings by the agency's Administrative Law Judges after a hearing. When no Commissioner directs review, an ALJ decision becomes a final order that binds the parties in that case but is not binding precedent: under 29 U.S.C. § 661(j) at OSHRC, and after the 40-day window of 30 U.S.C. § 823(d)(1) at FMSHRC.
- Why finality matters: Every page here says which kind of decision you are reading, so you know whether it is precedent you can cite or a final order that only shows how one judge ruled on one set of facts.
- Where they come from: Every page links the official public release from the deciding agency, and the full text on the page is that release. The plain-English summaries are written by Ezel.