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.
No decisions match these filters
Try fewer or different words, check the spelling, or clear the filters to browse everything.
Matter of Lam
Crewman's deportation order upheld
The government charged a crewman with remaining in the United States after his permitted stay ended. He challenged the fairness of the hearing and the admission of documents identifying him and his entry. The Board found that the hearing officer's efforts to clarify the record did not show bias and…
Matter of Balbin
Priest's adjustment denial upheld because continuing need was not established
A priest from the Philippines applied to become a permanent resident as a special immigrant minister. The Regional Commissioner found that he had served as a minister for the required period, but the Archdiocese of Chicago had authorized his work at a parish only until June 30, 1972. A general…
Muller Boat Works, Inc.
Withdrawal denied for missing employee service
Muller Boat Works asked to withdraw its contest after abating the cited conditions and tendering the proposed penalty. The judge approved the request based on assurances of compliance and employee participation. The Commission found that the record did not show that the withdrawal motion itself had…
General Meat Company, Inc.
Low-gravity penalties vacated after prompt abatement
OSHA cited General Meat for electrical, drinking-water, restroom, lunch-area, and fire-extinguisher conditions and proposed $280 in penalties. The judge affirmed 12 non-serious items and allowed the Secretary to withdraw two other allegations. On review, the Commission focused on the penalties for…
Matter of Dunn
Deportation order upheld after departure to avoid military service
A Canadian citizen who had been admitted as a permanent resident left the United States after refusing to report for military induction, then surrendered his residence card in Canada. The Board held that surrendering permanent residence did not end the continuing duty imposed by his induction…
California Stevedore & Ballast Company
Shackle-mousing citation vacated
California Stevedore used a spreader-bar assembly with four screw-pin shackles whose pins were not secured by wire, a practice known as mousing. OSHA cited the company under a longshoring rule requiring employer-provided screw-pin shackles used aloft to be moused unless they were part of a…
Matter of Young
Adoption petition returned for factual findings
A United States citizen sought family preference status for a married man whom his wife reportedly adopted in mainland China in 1926 or 1927. The District Director denied the petition under an earlier Board decision that restricted recognition of Chinese adoptions. The Board explained that its…
Phoenix, Inc., Legore Quarries Division
Quarry citations vacated for lack of OSHA jurisdiction
Phoenix operated a limestone-pulverizing facility at its Legore Quarries Division. OSHA issued serious and non-serious citations after an employee's leg was caught in an auger and amputated above the knee, and proposed a $750 serious penalty. The judge approved withdrawal of the contest but…
Matter of Poon
Hong Kong adoption petition returned for factual findings
A United States citizen sought family preference status for a man whom her mother reportedly adopted in Hong Kong in 1953. The District Director denied the petition because the adopted child was not shown to be related to the adopter by blood, clan, or surname. The Board held that Chinese law and…
Triangle Millwork & Supply Corporation
Withdrawal approved and citation affirmed
Triangle Millwork moved to withdraw its contest after correcting all cited conditions. The company promised compliance with OSHA standards, paid the proposed penalties in full, and served the withdrawal request on all parties, including the employee representative. The Commission found that the…
Matter of Blair
Permanent residence approved after citizen spouse's death
A Japanese national entered the United States on a visa to marry a United States citizen and married him within three months. Her husband died in a military aircraft accident the next day, before she applied to have her permanent residence recorded. The Regional Commissioner held that she had met…
Matter of Chin
Adoption petition remanded to resolve identity discrepancies
A United States citizen sought family preference status for a married man he said he had adopted in China in 1931. The District Director first approved the petition, then revoked approval under an earlier Board decision restricting recognition of Chinese adoptions. The Board held that its later…
Matter of Amiet
Deportation upheld for marijuana possession conviction
A nonimmigrant appealed a deportation order based on an Iowa marijuana possession conviction. His lawyers argued that possession for personal use did not trigger the immigration law's deportation provision. The Board held that the statute covered illicit possession itself and did not require…
Matter of Felix
Denial of motion to reopen upheld
A man from the Philippines sought to reopen a final deportation case so he could request indefinite voluntary departure. He paid the filing fee, but the special inquiry officer returned his motion without a formal ruling. The Board held that a fee-paid motion must receive a written decision that…
Centerline Metal Products Co.
$850 withdrawal settlement approved
Centerline Metal Products moved to withdraw its contest during a prehearing conference and agreed to pay an $850 penalty. The government did not oppose the agreement. The judge approved withdrawal, ended the prehearing conference, and canceled the public hearing without deciding the merits. The…
J. E. Chilton Millwork & Lumber Company, Inc.
Six items affirmed with no penalties
OSHA cited J. E. Chilton Millwork for seven non-serious violations involving first aid, housekeeping, lunch space, extinguisher inspections, toilet partitions, equipment grounding, and compressed-air cleaning. The judge treated the toilet-partition item as de minimis, vacated that citation and…
Matter of Continental Grain Company
Intracompany transfer petition granted
Continental Grain Company sought to bring a grain merchandiser from its Canadian subsidiary to work temporarily in Iowa. The beneficiary had worked for the subsidiary before and after a period of related training in the United States. The District Director held that the training did not interrupt…
Meyco Products, Inc.
Withdrawal denied for missing employee service
Meyco Products moved to withdraw its contest after correcting the violations, promising future compliance, and tendering the $25 proposed penalty. The company said it sent the motion to the parties, but the record did not show service on affected employees. It also had not responded to two earlier…
J. R. Steel, Inc., a Subsidiary of American Agencies Co., Inc.
Default affirmed with amended $753 penalty
OSHA issued J. R. Steel serious and non-serious citations with proposed penalties totaling $955. The Secretary later amended the non-serious citation by deleting several items and reduced the total penalty by $202 to $753. The company did not answer the complaint, amended complaint, or the…
Matter of Ng
Adopted daughter's visa petition approved
A lawful permanent resident sought family preference status for a woman whom his wife had adopted in Hong Kong. The District Director denied the petition under an earlier Board decision that treated adoption of a female under the Tsing Code as invalid. The Board distinguished a ritual adoption from…
Matter of Yee
Adopted son's visa petition approval reinstated
A lawful permanent resident petitioned for family preference status for a son adopted in mainland China in 1956. The District Director approved the petition, then revoked approval under an earlier Board ruling that rejected adoptions in the People's Republic of China for immigration purposes. The…
Matter of Kwok
Adopted daughter's visa petition approval reinstated
A United States citizen sought family preference status for a daughter adopted as an infant in mainland China in 1936. The District Director approved the petition, then revoked it after applying a Board decision about an adoption in Hong Kong. The Board held that the law governing the 1936 mainland…
Matter of Zampetis
Adjustment approved after fiancé visa marriage did not occur
A man entered the United States on a fiancé visa, but the citizen who had petitioned for him changed her mind about marrying him. He later married another U.S. citizen, whose petition to classify him as an immediate relative was approved. An investigation found that he had intended in good faith to…
Matter of Khan
Derivative immigrant visa invalid when principal died before entry
A Pakistani national entered the United States on a derivative immigrant visa issued because his father had a visa as the brother of a U.S. citizen. His father died before the son entered, but the son did not learn of the death until afterward. The Board held that the son could not qualify as a…
Matter of Tabcum
Exchange visitor's spouse remained subject to residence rule
A Thai nurse entered the United States as the spouse of an exchange visitor whose program was financed by the U.S. government. She sought adjustment of status based on an approved employment preference petition. The Regional Commissioner held that the 1970 amendment to section 212(e) did not remove…
Hamilton Metal Products, Inc.
Default affirmed after repeated filing failures
Hamilton Metal Products timely contested but initially failed to serve affected employees. After receiving repeated instructions, it eventually documented service of the contest, but it did not file a proper answer to the complaint. Its later letters argued that the violations were minor and…
Modern Marble, Inc.
Ten-item amended citation and $118 affirmed
OSHA initially cited Modern Marble for 14 items and proposed $218 in penalties. The Secretary's complaint omitted items 1, 4, 6, and 7, each carrying $25, which amended both the citation and the penalty total. The judge corrected the penalty to $118 but still referred to all 14 citation items. The…
Matter of Awaijane
Adjustment denied but voluntary departure granted
A Lebanese national sought adjustment of status and voluntary departure after overstaying his visitor admission. He had been convicted in Lebanon of attempted murder for an act committed in 1964. The Board held that the conviction involved moral turpitude, did not qualify for the petty offense…
Matter of Ponce de Leon
Alternate chargeability supported spouse petition
A lawful permanent resident born in Germany petitioned for family preference status for her husband, who was born in Mexico. The District Director allowed the husband to be charged to Germany under the rule for an accompanying spouse, despite his birth in the Western Hemisphere. The Board held that…
Dale M. Madden Construction, Inc.
Crane power-line citation and $650 penalty affirmed
Madden Construction operated a crane near a 55,000-volt overhead line while leveling the equipment for pile-driving work. An employee at an outrigger received an electrical shock and was injured. The judge dismissed the case because he found the Secretary's accident investigation weak and concluded…
Matter of Mangabat
Section 241(f) relief unavailable to nonimmigrant entrant
A Philippine citizen entered the United States as a nonimmigrant visitor and stayed beyond the authorized period. After conceding deportability and failing to depart voluntarily, she moved to reopen the proceedings, arguing that she had not intended to remain permanently when she obtained her visa…
Matter of Martinez-Gomez
Narcotics place maintenance conviction supports deportability
A Mexican citizen admitted as an immigrant was convicted in California of maintaining a place for the unlawful selling, giving away, or using of narcotics. The special inquiry officer terminated the deportation proceedings, but the Board held that the conviction was for a law relating to illicit…
Matter of Schunck
Presence at a place where narcotics were used did not support deportability
A citizen of the Netherlands who was born in Indonesia was convicted in California of visiting or being in a place where narcotics were unlawfully smoked or used, with knowledge that the activity was occurring. The special inquiry officer terminated the deportation proceedings. The Board held that…
Matter of Lam
Motion to reopen denied for insufficient hardship and delay tactics
The Board considered a respondent's motion to reopen deportation proceedings so he could apply for suspension of deportation. The respondent's affidavit asserted that returning to Hong Kong would cause economic and emotional hardship, but the Board found those assertions conclusory and unsupported…
Matter of Martinez-Solis
Deportation order affirmed after second marriage presumption rejected
A Mexican citizen admitted as a permanent resident appealed a deportation order under section 241(a)(1), with the charge stated as excludable at entry because he had no labor certification. The Board also considered whether his marriage to a United States citizen was presumed valid when she had a…
Matter of Sandin-Nava
Section 241(f) relief upheld for parent of citizen child
A Mexican citizen admitted as a permanent resident had concealed his first marriage when he entered the United States using a visa based on a second marriage. The special inquiry officer found him deportable on fraud, visa, and labor certification grounds but granted relief under section 241(f)…
Matter of Chatterton
Alternate chargeability rule applied to daughter born in Peru
A British citizen who was a lawful permanent resident of the United States petitioned for preference status for his unmarried daughter, who was born in Peru while he was temporarily working there. The District Director denied the petition under an earlier Board decision, but the Board held that…
New York Packaging Corporation
Citation and penalty affirmed by default
New York Packaging did not answer the Secretary's complaint. The judge refused to affirm the citation and penalty without more factual information about jurisdiction, violation classification, and penalty factors, and denied the Secretary's request for reconsideration. The Commission treated the…
Exacto Products Corporation
Withdrawal approved and $93.75 penalty affirmed
Exacto Products and the Secretary agreed that the company should withdraw its contest to four non-serious citations carrying $93.75 in proposed penalties. The record showed abatement, a promise of continuing compliance, tender of the penalty, and an opportunity for affected employees to…
Suddath of South Florida
Withdrawal settlement approved with one item removed
OSHA issued Suddath two non-serious citations containing nine items. The parties stipulated that six pleaded items had been and would remain corrected, the company had paid $62.50, one item should be withdrawn because the alleged facts were not a violation, and employees had notice through…
Matter of Yuen
Claimed adoption did not support visa preference
A United States citizen petitioned for immigration status for his nephew, whom he said he and his wife had adopted in China when the boy was six. The beneficiary lived apart from them until he visited the United States at age 18. The Board found that no true parental relationship had been created…
Matter of Perez-Lopez
Deportation order upheld on independent evidence
The special inquiry officer first terminated deportation proceedings after finding that evidence about two Mexican brothers came from unlawful searches and tainted leads. An anonymous letter later identified the brothers, their relatives, their address, and their work, and led to additional…
Matter of Vallejos
Medical records admitted in deportation proceedings
A Philippine citizen challenged the use of hospital records and medical testimony in deportation proceedings concerning whether he had leprosy when he entered the United States. He asked to reopen the proceedings and suppress that evidence under Hawaii's medical confidentiality rules and…
Matter of Payan
Deportability established from sham immigration documents
A Mexican citizen and permanent resident was charged with helping two Mexican aliens obtain fraudulent immigration documents for money. She had a federal conviction for conspiring to obtain immigrant visas through false documents, and the Board considered testimony and statements about the…
Matter of Mosqueda
Reentry permit denied while deportation order stood
A Cuban lawful permanent resident with an outstanding deportation order sought a reentry permit to visit sick relatives in Costa Rica. Deportation to Cuba had been withheld because of the risk of persecution there. The Regional Commissioner explained that leaving the United States while the order…
Matter of La Grotta
Prior fraudulent marriage barred later family petition
A U.S. citizen petitioned for family preference status for her unmarried adult son. The District Director had approved the petition, then revoked approval because an earlier finding established that the son had used a fraudulent marriage to obtain immigration status. The Board held that section…
American Home Products
Press-guarding settlement and $770 penalty approved
OSHA cited American Home Products after finding numerous inadequately guarded punch presses and foot-operated press pedals at its Ekco Housewares division. The record stated that press conditions had caused multiple employee amputations before inspection. The company represented that it had fully…
Sharp and Parrott, Inc.
No-penalty withdrawal settlement approved
OSHA cited Sharp and Parrott for conditions under standards that had not yet taken effect, proposed no penalty, and the parties agreed to treat the citation as arising under the general duty clause. The company represented that the conditions had been corrected, promised continuing compliance…
Dawson Brothers Mechanical Contractors
Withdrawal remanded for settlement evidence
Dawson Brothers and the Secretary stipulated to withdrawal of the company's contest, and the judge proposed making the citation and penalty final. The Commission found that the record did not show when abatement was or would be completed, whether the employer promised continuing compliance, whether…
Arthur G. McKee & Company
Serious-citation withdrawal and $700 penalty approved
Arthur G. McKee & Company moved to withdraw its contest to a serious citation. The company represented that it had fully corrected the violation, paid the $700 proposed penalty, and would continue to comply. Affected employees and the Secretary consented, and the motion was served on the…
S & H Riggers & Erectors, Inc.
Serious-citation withdrawal and $750 penalty approved
S & H Riggers & Erectors moved to withdraw its contest to a serious citation. The company represented that it had fully corrected the violation, paid the $750 proposed penalty, and would continue to comply. Affected employees and the Secretary consented, and the motion was served on the Secretary's…
Gifford-Hill Pre-Stress
Concrete-lifting settlement and $700 penalty approved
OSHA cited Gifford-Hill, a general contractor, and an erection subcontractor over allegedly unsafe lifting attachments on prestressed concrete slabs. Gifford-Hill moved to withdraw its contest, represented that the condition was corrected, paid the $700 proposed penalty, and promised continuing…
Matter of M/V Oceanic Peace
Crew inspection fine reduced to $6,000
A vessel stopped in the Canal Zone to take on a replacement engineer before arriving in New York. The Board held that this business stop made the ship an arrival from a foreign port and required immigration inspection of its crew. The carrier's own manifests showed that six crew members deserted…
Hidden Valley Corporation of Virginia
Trench citation affirmed and penalty raised to $1,000
Hidden Valley required employees to work in an approximately nine-foot-deep sewer trench whose sides were neither shored nor sloped. The trench collapsed and killed an employee and another person. Because the specific construction standard was not yet applicable to this employer, OSHA cited the…
Nacirema Operating Company, Inc.
Forklift penalty reduced and reporting item left unpenalized
Nacirema used a forklift without an overhead guard to move heavy boxes in a ship's hold. A box fell onto the operator, causing a spinal fracture and hospitalization, and the company also failed to report the hospitalization within 48 hours. The employer admitted both violations and disputed the…
Southeastern Maritime Company
Safety-net citation and $26.49 penalty affirmed
Southeastern Maritime assigned two gangs to load flour sacks at different levels in the same ship hold. One gang worked on a cargo stack about 11 feet above employees below, but the company did not rig the safety net required to prevent workers or cargo from falling. The company did not dispute…
Matter of M/V Ferrol
Carrier liable after replacement crewman left vessel
A replacement cook entered the United States in transit without a visa to join the M/V Ferrol at Toledo, Ohio. Immigration officers allowed him to work aboard the vessel but ordered him detained on board without landing privileges. He later left the ship at Duluth. The District Director ended the…
Puget Sound Power & Light Co.
Disputed settlement set aside and hearing ordered
OSHA cited Puget Sound Power & Light under the general duty clause and proposed a $600 penalty. The parties stipulated that the case involved legitimate factual and legal disputes, the company would withdraw its contest, and it would pay $550 without admitting a violation. The judge approved the…
Matter of Greer
Acknowledgment did not legitimate child under Montserrat law
A father sought immediate-relative immigrant status for his daughter, who was born out of wedlock and lived in Montserrat. He had acknowledged paternity since her birth and was named as her father on her birth certificate. The Board held that acknowledgment alone did not legitimate the child under…
Matter of Fotopoulos
Labor certification did not cover the job sought at entry
A man entered the United States with an immigrant visa supported by a labor certification for a dye box operator job in Connecticut. He went directly to New York, never worked for the certified employer, and took other jobs without certifications. The Board upheld the finding that he did not intend…
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.