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 W——
Polish adoption did not satisfy immigration custody and residence requirements
An Illinois citizen sought preference visa status for his two adopted sons, who remained in Poland. A Polish court had granted the adoption and waived a six month residence requirement before adoption. The Board held that the foreign court could not waive the separate immigration law requirements…
Matter of W——
Deportation case remanded for evidence about onset of illness
The respondent entered the United States as a permanent resident in 1957 and was committed to a state hospital at public expense in 1959. A special inquiry officer terminated deportation proceedings after accepting testimony from the respondent and his wife that his mental illness had not existed…
Matter of K——
Adjustment granted to spouse of Refugee Relief Act immigrant
A Greek visitor married a permanent resident who had entered under the Refugee Relief Act of 1953. Her husband had been single when he entered the United States, so the question was whether she could receive the special nonquota status created by a 1959 law even though their marriage came later…
Matter of D——
Petition for special orphan visa denied
A U.S. citizen aunt petitioned for a special visa for her adopted niece, who lived in Poland with her mother and stepfather. The Regional Commissioner held that the child did not meet the 1957 law's definition of an eligible orphan because immigration law counted the stepfather as a parent. The…
Matter of B——
Crewman's adjustment application denied
A Greek crewman left his vessel in New Orleans and traveled to New York, where he married a U.S. citizen three days later. He sought permanent residence through adjustment of status. The Regional Commissioner found that his actions and conflicting sworn accounts did not establish that he had…
Matter of C——
Prior deportation remained effective after conviction vacated
The respondent was deported in 1955 after two criminal convictions and returned to the United States without inspection in 1956. A New York court later vacated one conviction because he had lacked counsel. The Board treated that conviction as void from the outset for future purposes, but held that…
Matter of S——
Father's wartime oath barred daughter's citizenship claim
The applicant was born in Canada in 1924 and claimed U.S. citizenship through her father, who had been born in the United States. Her father, also a British national, swore allegiance to the British Crown when he joined the Canadian Army in 1917. The Regional Commissioner held that wartime…
Matter of V——D——B——
Pre-1957 visa could not receive later waivers
A Dutch applicant sought admission using an immigrant visa issued in 1954. The Board found that he had concealed two Dutch convictions for receiving stolen property when applying for the visa. It held that waivers enacted in September 1957 could not retroactively correct a visa issued before that…
Matter of A——D——L——
Board terminated deportation and denied reopening
A man born in China challenged a deportation order that treated him as an immigrant without a visa. His father and grandfather had been recognized as citizens after the grandfather's naturalization in Hawaii, and the respondent had received a United States passport and entered as a citizen. The…
Matter of L——F——Y——
Lawful admission record dated to 1921 entry
The applicant first entered the United States in 1921, claiming citizenship through a man he later admitted was not his father. The district director granted registry under section 249 but dated the lawful admission record to the 1959 approval, reasoning that a 1921 date would leave later entries…
Matter of R——
Prior admission did not bar a new registry record
The applicant was lawfully admitted for permanent residence in 1928, but reentered in 1954 by falsely claiming U.S. citizenship and without inspection. The district director granted a new registry record dated May 25, 1959. On review, the Assistant Commissioner held that the unlawful reentry had…
Matter of C——
Arc welder did not qualify for first preference status
An aluminum window and door manufacturer petitioned for first preference visa status for an experienced electric welder from Italy. The district director denied the petition, finding that the job did not require the degree of skill contemplated by the statute. The Regional Commissioner agreed that…
Matter of C——
Married adult stepdaughter qualified for visa preference
A naturalized U.S. citizen petitioned for fourth preference visa status for his married, 45-year-old stepdaughter. He had married her mother when she was younger than eight. The Board held that a stepparent relationship validly formed before the child turned 18 continues after the child becomes an…
Matter of C——
Prior court finding established deportability
A federal court revoked the respondent's citizenship after finding that he had been an active Communist Party member from 1930 to 1936. The Board held that this finding was essential to the denaturalization judgment and could not be relitigated in the deportation case. It found no adequate proof of…
Matter of S——
Visitor's unauthorized work supported deportation
A visitor from Poland began working soon after entering the United States for pleasure in March 1959. The Board held that accepting employment without permission violated the conditions of his visitor status and made him deportable. It found that a 1958 change in the regulations did not remove the…
Matter of J——
Insufficient proof of Communist Party membership ended deportation case
A woman who had lived in the United States since infancy faced deportation based on alleged Communist Party membership. The Board found the government's evidence insufficient: a witness's accounts conflicted, a bulletin entry could not reliably be tied to her, and selling a party newspaper did not…
Matter of Z——
Prior crewman violation barred permission to reapply
An Italian crewman deserted his ship after landing temporarily in New York and later was deported. He sought permission to reapply for admission so he could return to work at sea. The Regional Commissioner found that he had intended to desert when he arrived and had concealed that intent from the…
Matter of H——T——W——
Marriage evidence allowed voluntary departure
A Chinese national conceded deportability but appealed the denial of voluntary departure. The hearing officer had treated his 1943 marriage as bigamous because he had lived with another woman years earlier. The Board found that cohabitation, a shared name, a child, and the way others viewed the…
Matter of V——
Communist Party charge rejected but visa charge sustained
A Yugoslav crewman entered the United States in 1956 without an immigrant visa and later stayed after leaving his ship. He had belonged to the Communist Party of Yugoslavia, but the Board found that he joined to obtain enough wages and food and that his membership fell within the statutory…
Matter of M——
Tax fraud conspiracies supported deportation
An Italian national appealed a deportation order based on two federal convictions for conspiracy to violate Internal Revenue laws. He argued that the deportation hearing was unfair while a separate criminal case was pending, that the evidence did not identify him as the person convicted, and that…
Matter of F——
Rabbi's overseas teaching preserved residence
An ordained rabbi taught at a seminary in Israel from July 1955 to July 1956 and applied to preserve his U.S. residence for naturalization. A New York corporation that raised funds for the seminary sent him abroad and paid him. The District Director held that the corporation was not a religious…
Matter of T——
A valid marriage defeated the deportation charge
A woman from Czechoslovakia entered the United States on a visa issued because she had married a U.S. citizen who was also her uncle. The special inquiry officer found her deportable, reasoning that their marriage was void under Pennsylvania law, though he rejected a separate fraud charge. The…
Matter of P——
Italian affiliation did not qualify children for visa preference
A permanent resident asked for preference visas for two children affiliated with him by Italian court decrees. He argued that affiliation was like legitimation. The Board found the children were not his natural or legitimated children and that affiliation resembled adoption. A 1959 amendment…
Matter of T——
Hospital records supported a deportation finding
An Italian national challenged a deportation order based on narcotic drug addiction. He asserted possible citizenship through his father and objected to hospital records containing opinions and notes by medical staff. The Board found the record established his alienage and held that the certified…
Matter of M——J——
Federal research fellowship preserved naturalization residence
A permanent resident sought to preserve his U.S. residence for naturalization while studying in England on a Public Health Service research fellowship. The district director granted the application and certified it for review. The Acting Regional Commissioner found that the fellowship occupied the…
Matter of P——
Youth corrections commitment counted as a final conviction
A Belgian citizen born in Russia was convicted of petty larceny and of transporting a stolen vehicle across state lines. The second conviction led to a commitment under the Federal Youth Corrections Act. After reconsidering the case, the special inquiry officer again ordered deportation and…
Matter of C——
Citizenship retained by entering before age 25
The appellant acquired United States citizenship at birth in Italy and later acquired Italian nationality when his father regained it. The 1940 nationality law required him to establish residence in the United States before age 23 to retain citizenship. He was still 19 when the 1952 Immigration and…
Matter of DeN——
Skilled tailor qualified for first preference visa
A clothing retailer petitioned for first preference visa status for an Italian tailor who would alter ready-made men's suits and coats. The district director denied the petition because the proposed work did not appear to require the skill needed for first preference status. The Regional…
Matter of C——P——
Later burglary sentence supported deportation
A Mexican citizen pleaded guilty to two counts of second degree burglary after entering the United States for permanent residence. A California court first suspended imposition of sentence and placed him on probation. Four years later, after finding a probation violation, the court imposed a state…
Matter of DeG—— et al.
Attorney General disallowed advance exclusion waivers
Four Mexican applicants were found excludable on grounds including prostitution, visa fraud, lack of a valid visa, and a conviction involving moral turpitude. The Board had granted advance waivers under sections 5 and 7 of a 1957 law to ease their return to family in the United States. The…
Matter of T——
Permanent departure defeated returning resident status
A German citizen admitted as a permanent resident left the United States intending to live permanently in Germany with his family. He later changed his mind and returned on a visa issued to a returning resident. The Board held that his original intent to move abroad meant he had not made a…
Matter of C——
Agricultural worker could not change nonimmigrant status
A Mexican agricultural worker sought to change his status to industrial trainee. The Regional Commissioner held that admission under the Agricultural Act of 1949 did not give him a nonimmigrant classification under the Immigration and Nationality Act. Section 248 allowed changes only for people…
Matter of PAA Plane ‘Flight 896/10’
Expired passport sustained carrier fine
Pan American World Airways brought a passenger through Honolulu for transit without a visa. She had an expired New Zealand passport and no valid U.S. visa. The carrier argued that her passport showed her identity and should allow her to enter England, and that her onward travel satisfied the…
Matter of T——
Annulled marriage did not establish visa fraud
An Italian citizen entered the United States on a nonquota visa based on marriage to a U.S. citizen. After the marriage was annulled, the government first charged marriage related visa fraud, but those proceedings were terminated. A second proceeding alleged that he had been inadmissible because…
Matter of C——O——
Two-year maximum ruled out petty-offense relief
A Mexican resident was convicted in Texas of theft under $50 and received two months in jail. After he returned to the United States, an immigration officer sought his deportation based on that conviction. A special inquiry officer ended the proceedings, treating the theft as a petty offense…
Matter of V——
Undocumented Navy entry did not qualify for adjustment
A Philippine citizen entered the United States as a Navy member in 1956 without entry documents or an inspection record. After marrying a U.S. citizen, he sought adjustment to permanent resident status. A district director had granted a retroactive document waiver and approved the application. On…
Matter of Z—— and R——
Exchange visitors granted treaty merchant status
Two Italian exchange visitors were training as electronic engineers and sought to work for an Italian company's U.S. subsidiary as treaty merchant employees. The Assistant Commissioner found that their engineering skills were essential to the company's substantial trade and that they intended to…
Matter of O——
Late waiver rehearing denied after preexamination deadline
The respondent sought a waiver under a 1957 law after earlier deportation proceedings. A special inquiry officer denied the waiver on June 30, 1959, but allowed voluntary departure and certified the case to the Board. The respondent then moved for rehearing and reconsideration. The Board held that…
Matter of C——G——
Prior overstay and stowaway entry defeated crewman application
A Chilean man sought permission to reapply for U.S. admission as a crewman after deportation. He had overstayed a prior crewman admission and was deported, then tried to enter as a stowaway to seek work and was deported again. The Regional Commissioner found that his past conduct did not show he…
Matter of V——B——
False identity details made an immigrant visa invalid
A Guatemalan man entered the United States with an immigrant visa obtained after stating that he was born in Mexico, was a Mexican citizen, and had always lived there. He later admitted those statements were false. The Board held that birthplace, citizenship, and prior residences were material…
Matter of F——
Foreign court martial conviction supported deportation
A Netherlands naval court martial convicted the respondent of looting and theft in 1947, before his last entry into the United States in 1952. An immigration officer later ordered his deportation because the convictions made him excludable at entry. The respondent argued that a foreign military…
Matter of N——
Malicious mischief records did not prove moral turpitude
A Polish resident had two Delaware convictions for malicious mischief, and a special inquiry officer ordered deportation on the theory that both crimes involved moral turpitude. The Board found that the Delaware law covered conduct that could involve moral turpitude and conduct that might not. The…
Matter of S——J——S——
Crewman's temporary entries did not establish continuous residence
A Chinese crewman sought a record of lawful permanent residence based on claimed continuous U.S. residence since 1939. The Assistant Commissioner held that his 1945 departure under a deportation warrant broke that residence. His later temporary admissions as a crewman also did not establish a U.S…
Matter of M——S——H——
Hospital intern positions were continuing work
A Minneapolis hospital sought one-year intern appointments for two physicians from the Philippines under a temporary worker classification. It had already obtained immigrant preference approvals for them, but the quota was unavailable. The Regional Commissioner reasoned that an intern's individual…
Matter of A——F——
Attorney General upheld narcotics deportation order and rejected expungement rule
A Mexican permanent resident was found guilty in California of selling marihuana, then received probation conditioned on one year in county jail. The Board and the Ninth Circuit treated the ruling as a conviction under the narcotics deportation provision. The Board maintained that a conviction…
Matter of P——N——
Visa revocation barred admission despite claimed lack of notice
A Cuban man sought admission at Miami as a temporary visitor using a visa issued in 1957. The State Department had revoked the visa before he arrived, but he said he had received no notice, and the visa had not been physically canceled when he applied for admission. The Board admitted an…
Matter of M——
Foreign military conviction defeated the petty offense claim
An Italian national admitted temporarily in 1950 appealed a deportation ruling and sought to pursue permanent residence. An Italian military court in Somaliland had convicted him of aggravated theft and imposed three years of confinement and a fine. The Board treated the military court judgment as…
Matter of F——G—— & C——D——
Two unemployment claims formed one scheme, with different deportation results
Two Cuban nationals each pleaded guilty to two false statements made one week apart to obtain New York unemployment benefits. The Board held that each man had two convictions, despite receiving only one sentence, but that the statements arose from a single scheme of criminal misconduct. That…
Matter of P——
Two-conviction deportation rule did not require a year of confinement
A Canadian national challenged a deportation order based on two Massachusetts convictions, one from 1943 and one from 1958. He argued that the offenses did not involve moral turpitude and that suspended sentences could not support deportation. The Board held that both convictions fell within the…
Matter of C——
Citizenship certificate denial affirmed because admission was not lawful
A girl born in Canada to a United States citizen mother and an alien father entered the United States in 1943, when officials mistakenly admitted her as a citizen. She did not acquire citizenship at birth because her mother lacked the required period of United States residence. Her father later…
Matter of S——
Board sustained two deportation grounds under the 1952 Act
A Canadian permanent resident challenged a deportation order based on his admission of conduct that Michigan law treated as criminal. An examining officer separately appealed the finding that he was not deportable under a then-existing immigration provision that classified certain gay men as having…
Matter of M——B——
Board upheld exclusion after parole was revoked
A Cuban national sought admission to the United States after arriving without a visa. Immigration officials initially paroled him into the country while they determined whether he could be admitted, then revoked his parole. A special inquiry officer found him to be an immigrant without the required…
Matter of G——L——T——
Board denied reconsideration of deportation order
A Chinese national asked the Board to reconsider its earlier order upholding his deportation and denying suspension of deportation. He had claimed United States citizenship to enter the country and later repeated that claim under oath while seeking a replacement citizenship certificate. The Board…
Matter of L——D——E——
Board withdrew deportation order and remanded relief request
A Chinese national conceded that he was deportable after entering the United States by falsely claiming citizenship. A special inquiry officer denied his application for suspension of deportation because he had made another false citizenship claim in a written passport application. The Board held…
Matter of R——M——
Board terminated deportation proceeding over simple possession
A returning resident challenged a deportation order based on an Arizona conviction for possessing marihuana. He claimed birth in Arizona, but the Board found that government records and his earlier statements established birth in Mexico and alienage. The Board then considered whether the possession…
Matter of C——S——L——
Board upheld deportation over student visa finances
A Chinese student obtained a visa after representing that he had $3,200 in United States bank accounts to pay for his education. He later said the deposits came from friends and that he returned the funds to them; he had enough money only for travel and worked after arriving to pay tuition. A…
Matter of L——
Board upheld deportation despite reopened criminal sentence
An Italian permanent resident challenged a deportation order based on two criminal convictions. After serving five years on the second conviction, he received a new trial and a probationary sentence in 1945. He argued that the reopened case effectively supplied a recommendation against deportation…
Matter of N——
Spouse's Swiss quota could be used for adjustment application
An Italian national applied to adjust to permanent residence, but a third preference visa was unavailable under her own quota. Her husband was a Swiss national who had become a permanent resident through adjustment of status. The Regional Commissioner held that his adjustment counted as the…
Matter of SS. Federal Commerce
Board set aside crewman fine
The district director fined the inward agents of the SS. Federal Commerce $500 after an alien crewman was paid off when the vessel changed owners and later deserted. The crewman had agreed to serve the new owners and signed the ship's articles again after the transfer. The Board held that the…
Matter of V——
Deportation order withdrawn after youth treatment commitment
A special inquiry officer ordered the respondent deported after an embezzlement conviction and a federal court commitment under the Federal Youth Corrections Act. The 1952 immigration statute required both a qualifying conviction and a sentence to confinement, or confinement, for at least one year…
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.