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 G——
Parent remains a parent after a citizen child reaches adulthood
A Hungarian native lost his United States citizenship while living abroad and was later ordered deported after entering with a nonquota visa obtained through a former wife's petition. He sought eligibility for relief under section 7 of the Act of September 11, 1957, based on his adult United States…
Matter of S——
Board upheld deportation based on concealed weapon conviction
A 19-year-old man was ordered deported after pleading guilty in Minnesota to carrying a concealed, loaded revolver with intent to use it against another person. The Board held that this offense involved moral turpitude because the charge included an intent to injure another person with a dangerous…
Matter of S——
Irish reserve service did not end United States citizenship
A man born in Ireland claimed United States citizenship through his American-born father. The government charged that he was deportable after he obtained an exemption from United States military service as an alien. It argued that his service in Ireland's An Forsa had cost him his United States…
Matter of D——
No vessel fine when stowaways did not land
A ship's boatswain helped four stowaways board in Italy and concealed them during the voyage to the United States. Immigration officers found them aboard before they went ashore and later took them ashore in custody for possible prosecution. A district director imposed a $4,000 penalty, then…
Matter of G——
Fear surrounding Greek votes did not end citizenship
A man born in Alabama was taken to Greece as a child, served in the Greek Navy, and voted in Greek elections before returning to the United States. The government argued that military service and two votes in 1951 had ended his citizenship. The Board found his naval service involuntary because…
Matter of G——
Board denied request to reconsider deportability
The Immigration Service asked the Board to reconsider its earlier ruling that a conviction involving false writings under 18 U.S.C. § 1001 did not establish the charged deportation ground. The Service argued that the federal circuit where the respondent was convicted required proof that the false…
Matter of M——Y——C——
Travel affidavit did not establish lawful admission
A man admitted in 1950 as a claimed United States citizen later acknowledged that the person named as his American father was not his father and that he had never been a citizen. He had entered with a travel affidavit rather than an immigrant visa. He asked to be treated as lawfully admitted for…
Matter of C——F——L——
Attorney General denies adopted child's nonquota visa petition
A naturalized citizen sought nonquota immigration status for a child adopted by his wife in China with his consent. The child had lived with the adoptive mother for years, but had not lived with the father for the required two years. The Board approved the petition, reading the 1957 adopted-child…
Matter of K——
Deportation termination affirmed under the 1957 family exemption
A man from Rumania entered the United States in 1947 on a visa obtained after falsely claiming he was born in Germany. He also admitted perjury in his visa application. His wife later became a United States citizen, and a special inquiry officer terminated the deportation proceeding under section 7…
Matter of P——
Deportation proceedings terminated after citizenship ruling
A man born in Italy claimed United States citizenship through his father, who was born in Brooklyn. The Board had previously found that he acquired citizenship at birth but lost it through service in the Italian Navy. The immigration service asked the Board to reconsider because American officials…
Matter of P——
Waiver and defector status allowed permanent residence
A stateless economics professor from Czechoslovakia had entered as a student in 1947, but his earlier Communist Party membership made him inadmissible at entry. The Assistant Commissioner used section 212(d)(3) to waive that ground retroactively, treating his student admission as lawful. The record…
Matter of M/V Glove
$3,000 stowaway detention fine left in place
Three stowaways left a ship before immigration officers inspected them, and officials later found them ashore. The Board had upheld a $1,000 fine for each stowaway against the vessel's master and agents. On reconsideration, it held that the statute required detention aboard until inspection without…
Matter of O——
Temporary admission approved despite a prior conviction
A Japanese national employed by Northwest Orient Airlines sought a two month visit to the company's St. Paul headquarters for training. He had been convicted in 1942 of conspiracy and a violation of the Foreign Agents Registration Act. The Assistant Commissioner found that the conviction did not…
Matter of O——
Spousal visa petition approved despite admissibility concerns
A United States citizen petitioned for nonquota immigrant status for her husband, an Italian citizen. The immigration service denied the petition because it considered him inadmissible based on his past record. The Board held that the petition process determines whether the claimed family…
Matter of M——
Waivers granted and adjustment of status approved
An Italian man who entered as a crew member sought adjustment of status based on his marriage to a United States citizen. A prior theft conviction made his entry and his current application subject to separate exclusion grounds. The regional commissioner found that his long residence, favorable…
Matter of M——
Attorney General approves adopted child's preference petition
Italian parents who became United States permanent residents sought third preference immigration status for their adopted daughter. She had lived with them for years before they formalized the adoption, but they left her in Italy when they emigrated. The immigration service argued that the…
Matter of DeF——
Board dismisses appeal after Attorney General limits advance waivers
A woman from Mexico faced deportation and wanted to seek waivers of barriers to returning to her United States citizen husband. The Board initially concluded that she could apply for the waivers while still in the United States, and certified the issue to the Attorney General. The Attorney General…
Matter of S——
Spouses granted lawful admission records after fraud findings
A husband and wife from Turkey sought records of lawful admission for permanent residence under section 249. They had entered with nonquota visas obtained through false statements and had disclosed the fraud to the immigration service in 1944. The Assistant Commissioner held that those admissions…
Matter of L——
Deportation termination approved after earlier membership ended
A Polish man had entered the United States without permission in 1929 and was lawfully admitted for permanent residence in 1947. He had belonged to two organizations that the Board identified as Communist Party affiliates, but his membership ended in January 1946. The deportation charge relied on…
Matter of C——
Board approves deportation after a later conviction vacatur
An Italian national was deported in 1955 after two criminal convictions and returned to the United States without inspection in 1956. A court later vacated one conviction, and he argued that this erased the basis for the earlier deportation. The Board held that a completed deportation could not be…
Matter of L——
Board finds derivative citizenship and ends deportation case
A man born in Jamaica entered the United States as a permanent resident when he was ten, and his mother was naturalized later that year. After a narcotics conviction, a special inquiry officer ordered his deportation, reasoning that he was an alien. The Board held that section 321(a) of the 1952…
Matter of L——R——
Youth Authority commitment counts as a narcotics conviction
A Mexican permanent resident was found guilty in California of possessing heroin. The court denied probation and committed him to the California Youth Authority. A special inquiry officer ordered his deportation, and the Board initially sought more information about the Youth Authority's…
Matter of M——
Board terminates deportation after treatment commitment
A Canadian permanent resident was convicted in New Jersey of carnal abuse and impairing the morals of a minor. The court committed him to a state hospital under the New Jersey Sex Offenders Act. A special inquiry officer ordered his deportation under a provision that required a sentence to…
Matter of F——
Board approves wife's visa petition after Florida divorce
A United States citizen petitioned for nonquota status for her husband. The district director denied the petition because the husband had admitted that he never resided in Florida, where he obtained a divorce from his first wife before marrying the petitioner in New York. The Board held that…
Matter of G——
Board approves a returning resident's admission with waivers
A permanent resident returned from Germany with a visa that he had obtained without disclosing an arrest and conviction for forgery. The special inquiry officer granted a waiver for the criminal ground of inadmissibility and ordered his admission. On certification, the Board agreed but found that…
Matter of T——
Board reopens deportation hearing to hear citizenship evidence
A man born in China entered the United States on a certificate of identity so he could pursue a court action claiming United States nationality. After that action was voluntarily dismissed without a ruling on citizenship, immigration officials charged him with remaining longer than authorized. The…
Matter of A——
Board approves nonquota status for adopted stepchild
A United States citizen petitioned for nonquota immigrant status for a child his wife had adopted in Japan before their marriage. The child had lived in the adoptive mother's legal custody for more than two years and was younger than 18 when she married the petitioner. The Board held that the…
Matter of S——
Regional commissioner denies adjustment as a matter of discretion
A man from Palestine who was a citizen of Jordan applied to become a permanent resident. He had gone through a marriage ceremony with his first cousin in Illinois, where the regional commissioner found the marriage invalid. The regional commissioner said section 245 did not require proof of good…
Matter of M——
Board upholds deportation after marriage for visa status
A man from Greece received a nonquota immigrant visa based on his marriage to a United States citizen. The special inquiry officer found that neither spouse intended a genuine married life and ordered his deportation. The Board held that a marriage entered solely to obtain the quota exemption could…
Matter of D'O——
Board upholds deportation ruling on nonquota visa
An Italian woman entered the United States in 1925 using a nonquota immigrant visa obtained by claiming to be a native of Argentina. She sought to end deportation proceedings under a 1957 law that excused certain entry fraud. The Board agreed with the special inquiry officer that this provision did…
Matter of P——
Board permits Canadian salesman's temporary business visit
A salesman employed by a Canadian bag manufacturer sought a short visit to sell products to customers in the United States. The district director appealed an order admitting him for up to 14 days. The Board found that he maintained his home in Canada, that the employer's business and the principal…
Matter of B——G——
Board upholds deportation for assisting entry for gain
A permanent resident assisted three people who lacked proper documents to enter the United States and travel to Texas for work. He disputed whether he had received or expected payment for helping them. The Board credited earlier sworn statements that he received money for gasoline and expenses and…
Matter of W——
Regional commissioner denies adjustment based on Mexican divorce
A woman from the Philippines and her two sons sought adjustment of status through her later marriage to a United States citizen. She had obtained a Mexican divorce from her first husband without either spouse visiting Mexico, then married the citizen in California. The regional commissioner found…
Matter of P——
Regional commissioner grants a record of lawful admission
A man born in Scotland sought a record of lawful admission for permanent residence under section 249 of the Immigration and Nationality Act. The district director had denied his application after finding grounds for deportation connected to his 1940 entry. The regional commissioner applied the…
Matter of G——
Board denies relief based on adult citizen son
A man who had lost United States citizenship after living abroad returned with a visa issued on the basis of his marriage to a citizen. His wife had already divorced him, and the Board had previously upheld the resulting deportation charge. After a reopened hearing, he sought relief under section 7…
Matter of SS. Lionne
Board retains stowaway detention fine but remits manifest fine
A stowaway boarded a vessel in Mexico and was discovered after reaching the United States. The vessel's master and agents appealed a $1,000 fine for failing to detain him aboard and a $10 fine for failing to list him on a manifest. The Board found that they did not know he was aboard, but knowledge…
Matter of T——
Suspended Italian theft sentence did not bar admission
An Italian applicant had been convicted of aggravated theft and given a one-year prison sentence and a fine. The Italian court pardoned the sentence on the same day, conditioned on his committing no further crime for five years, and he was never confined for the offense. A district director…
Matter of BOAC Plane Flight No. 523
Airline fine set aside after passenger passed through inspection area
Bad weather diverted a BOAC flight from New York to Philadelphia, where its passengers were taken through federal inspection. Records later showed no immigration inspection for one passenger, although he had received public health and customs clearance. The captain had asked officials whether…
Matter of Campuzano
Ecuador legitimation appendix
The official DOJ release for BIA ID 2940 is headed “Appendix A, Legitimation, Ecuador” and identifies a report on Ecuadorian legitimation requirements from 1936 to the present. It surveys Civil Code provisions, constitutional changes, and the 1970 Civil Code amendments affecting children born out…
Solomon Augillard v. Pool Company and Signal Mutual Indemnity Association, Ltd
Augillard v. Pool Company (BRB 96-1327): earlier Board decision vacated after settlement
Solomon Augillard and Pool Company reached a settlement that a labor judge approved on April 2, 1997. The employer moved to dismiss its pending Board appeal on May 12, but the motion was not placed in the appeal file before the Board issued a decision on May 30. On reconsideration, the Board…
Antonio Diaz-Maldonado v. Conrad Industries, Incorporated and American Longshore Mutual Association, Limited
Antonio Diaz-Maldonado v. Conrad Industries (BRB 20-0460): Board declines to review new letters
Antonio Diaz-Maldonado sent the Board letters asking it to resolve his Longshore benefits case after his earlier appeal had been dismissed as late. The Board declined review because no new decision or order had been issued. It noted that his timely requests to modify the benefits ruling remained…
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.