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 Estrada-Tena
Completed exclusion hearing did not prevent withdrawal of admission request
A Mexican national who lived with his family in Tijuana sought to return to the United States as a commuter resident. A Public Health Service certificate found that he had pulmonary tuberculosis, and a special inquiry officer excluded him under the law then in force. During the hearing, he had…
Matter of Citlino
Citizen could petition for her stepmother despite being married
A naturalized citizen petitioned for immediate relative status for her stepmother. The district director denied the petition, and the Board initially dismissed the appeal because the petitioner had been married before her father married the beneficiary. On its own motion, the Board reconsidered. It…
Matter of Tiszai
Spouse born in Mexico did not need a preference visa
A lawful resident petitioned for a preference visa classification for his wife, who was born in Mexico while her father served there as a Japanese diplomatic officer. He argued that her parents' nationality and diplomatic assignment made her chargeable to the Japanese quota. The Board held that the…
Matter of Wong
Existing marriage defeated 1944 spouse petition
A lawful permanent resident petitioned for second preference status for a woman he said he married in China in 1944. His earlier marriage, however, had not ended until a 1967 Nevada divorce. The Board held that the Chinese Civil Code in force in 1944 did not allow a person with a spouse to marry…
Matter of Valsamakis
Earlier adoption did not bar petition for natural father
A naturalized citizen petitioned for immediate relative status for her natural father in Greece. She had entered the United States as a displaced Greek orphan in 1951 and was adopted by U.S. citizens the next year. The district director denied the petition under a rule that prevents certain adopted…
Matter of Sonegawa
Dress shop showed ability to pay designer
A Pasadena dress shop petitioned for sixth preference classification for a Japanese clothes designer. The District Director denied it because the shop's $280 net profit in 1966 was far below the certified $6,240 annual wage. The Regional Commissioner considered the shop's long operating history, a…
Matter of Polidoro
Adult adoption did not qualify for a parent petition
A naturalized citizen petitioned for immediate relative status for her adoptive father. An Italian court had entered the adoption in 1960, when she was 35 years old. The Board held that immigration law recognized this adoptive parent relationship only when the child had been adopted before age 14…
Matter of Gonzalez-Gomez
Retention requirement ended citizenship claim
A man born in Mexico to a U.S. citizen mother claimed citizenship when he entered the United States. The immigration officer found that he had lost citizenship under the then-applicable residence requirement because he did not establish five years of continuous physical presence before age 28. The…
Matter of Gaglio
Deportation waiver did not lift a visa petition bar
A U.S. citizen sought immediate relative status for her husband, who was living in Italy. The District Director denied her petition after finding that the husband's earlier marriage had been entered into to evade immigration law. The Board held that the deportation waiver in section 241(f) applied…
Matter of Yuen
Narcotics pardon did not permit reopening
A man with a deportation order asked to reopen his case to seek a record of lawful permanent residence under section 249. He had a California conviction for selling morphine and a full gubernatorial pardon. The Board held that the pardon did not waive the narcotics conviction for deportation or…
Matter of Lee
Pardon did not clear narcotics bar to reopening
A man with an outstanding deportation order asked to reopen his case to seek a record of lawful permanent residence under section 249. He had been convicted of opium possession but had received a full California gubernatorial pardon. The Board held that the pardon did not remove the narcotics bar…
Matter of Young
Existing marriage did not create a stepchild relationship
A lawful permanent resident sought a visa preference for a girl she described as her stepdaughter. The girl was born during the petitioner's marriage to a man alleged to be the girl's father, and the girl lived with her natural mother in the petitioner's Hong Kong household. The Board distinguished…
Matter of Nodahl
Child injury conviction supported deportation
A lawful permanent resident challenged a deportation order based on her California conviction for inflicting corporal injury on a child. She argued that the offense did not necessarily involve moral turpitude because it could result from a quick temper or weak character. The Board held that the…
Matter of Tsaconas
Fraud waiver did not answer overstay charge
A Greek visitor remained in the United States after her authorized stay ended. She argued that the fraud waiver in section 241(f) protected her because she had misrepresented her status to gain admission. The Board held that the waiver did not apply to a deportation charge based only on…
Matter of Tucker
Maid certification did not cover sewing job
A Jamaican woman entered the United States with a labor certification for a domestic job. When she visited the prospective employer, the employer said she had no work for her, and the woman immediately took a sewing machine operator job instead. The Board found that she had never received a labor…
Matter of Man
Motion to seek withholding denied
A crewman who entered the United States without permission sought to reopen his deportation case to apply for withholding of deportation to Hong Kong. He said that the British government would subject him to economic persecution and that a possible future change of government could expose him to…
Matter of Kim
Prior performer visa did not establish exceptional artistic ability
A singer sought third preference immigrant classification based on exceptional ability in the arts. She had previously entered the United States as a performer of distinguished merit and ability, but the Regional Commissioner held that this temporary classification did not establish eligibility for…
Matter of Alemis
Family fraud waiver did not prevent rescission of residence adjustment
The respondent received permanent resident status through adjustment in 1964 based on a marriage to a U.S. citizen. The special inquiry officer rescinded that adjustment because the respondent was still legally married to another person at the time, so the immediate relative visa classification was…
Matter of Steele
Deportation order upheld under historical exclusion rule
The Board upheld a Canadian man's deportation under a historical exclusion rule that classified homosexuality as a ground for exclusion at entry. It relied on his statement about conduct before his 1952 admission and said it did not rely on conduct after entry. The Board rejected his challenge to…
Matter of Whitehurst
Visa petition approved after U.S. divorce
A U.S. citizen petitioned for visa status for his wife, whom he married in the Philippines. Her prior husband, also a U.S. citizen, had obtained a divorce in South Carolina. The Board found that the prior divorce did not defeat the validity of the later marriage for immigration purposes. It relied…
Matter of Haller
Deportation order upheld after fraud convictions
A German citizen was ordered deported after convictions for issuing a fraudulent check and for federal fraud offenses. The Board held that both convictions involved moral turpitude. A sentencing judge had recommended against deportation, but the recommendation was ineffective because the required…
Matter of Li
Burden of proof provision cannot itself support deportation
A crewman contested an order to deport him after he entered the United States despite being refused permission to land. The Board held that his landing records and admitted entry supported deportability under section 241(a)(2). It also held that section 291 sets a burden of proof, but does not…
Matter of Jue
Adopted son's visa petition approved
A naturalized U.S. citizen sought immediate relative status for a son she adopted in China as an infant. The district director denied the petition because Chinese law required married spouses to adopt jointly, and her husband had not joined the original adoption. The Board found that the husband…
Matter of Wong
Short visits did not break continuous presence
A Chinese national sought suspension of deportation after entering the United States without inspection and making several short trips to visit his family in Canada. He had falsely claimed U.S. citizenship on each return. The special inquiry officer found that these trips interrupted the continuous…
Matter of Aircraft "VT-DJK"
Matter of Aircraft VT-DJK (BIA ID 1744, 1967): airline fine upheld for passenger without visa
Air-India brought a British passenger to New York without a visa and presented him for inspection as a business visitor. The airline argued that its transit agreement covered him and that his urgent travel justified remission of the fine. The Board held that the agreement did not apply because the…
Matter of Monma
Family register alone did not establish legal parentage
A naturalized U.S. citizen petitioned for immediate relative status for a man identified as her father in a Japanese family register. The Board found that her parents had never married. It concluded that Japanese law required marriage, acknowledgment of parentage, and official registration to…
Matter of Wu
Vocational counselor qualifies for professional preference
A visa petition sought third preference classification for a vocational rehabilitation counselor as a member of the professions. The beneficiary held a master's degree in education with a major in counseling and guidance and had worked as a counselor. The District Director found that her accredited…
Matter of Zapletalova
Upbringing by relatives did not establish legal adoption
A naturalized U.S. citizen petitioned for a visa preference for a woman he considered his sister. After his mother's death, her parents, his aunt and uncle, had raised him with their own children. The Board found that adoption in Czechoslovakia at the relevant time required a local court…
Matter of Bufalino
Motion to reopen deportation case denied
A man moved to reopen his deportation case after Supreme Court decisions on entry, proof of deportability, and relief based on family ties. The Board held that his false claim of citizenship on return from travel abroad still counted as an entry. It found his admitted failure to report his address…
Matter of Muslemi
Planned permanent stay defeated adjustment request
An Iranian citizen entered the United States as a temporary visitor while planning to marry a U.S. citizen and stay permanently. He withheld that plan when applying for his visitor visa, then married after his partner's divorce and sought adjustment to permanent resident status. A special inquiry…
Matter of Kurtin
Spouse visa petition approved after Yugoslav divorce
A U.S. citizen petitioned for immediate relative status for his wife, whose earlier marriage had ended in a Yugoslav divorce while both spouses lived abroad. The district director questioned whether California would recognize that divorce. The Board found that Yugoslavia had a basis to hear the…
Matter of McClendon
Demerol conviction supports deportation order
A Jamaican lawful permanent resident had pleaded guilty in New York to obtaining Demerol by fraud. A special inquiry officer ordered her deported and certified the case to the Board. She argued that no laboratory test established the drug's identity and that she had obtained it for personal use…
Matter of Fujii
Adoption did not erase sibling relationship for visa preference
A U.S. citizen petitioned for fifth preference visa classification for her brother, a Japanese citizen. He had been adopted by a relative as a young child, but the siblings had the same natural parents and he had continued to live with them. The adoption was later dissolved under Japanese law…
Matter of Mascorro-Perales
Earlier waiver does not erase theft conviction
A Mexican permanent resident received a waiver of exclusion tied to a 1959 theft conviction. He was later convicted in California of a second crime that the Board treated as involving moral turpitude. A special inquiry officer ended the new deportation case because the earlier conviction had been…
Matter of Newton
Canadian citizenship retention supports deportability finding
A person born in the United States also had Canadian citizenship through his father. He applied to retain Canadian citizenship, then entered the United States without an immigrant visa. A special inquiry officer found that he had lost United States citizenship under the law then applied and was…
Matter of Alfonso-Bermudez
Two disorderly conduct convictions support deportability
A Cuban permanent resident was convicted under California and Phoenix laws after separate incidents involving public lewd conduct. A special inquiry officer found him deportable for two crimes involving moral turpitude but withheld deportation to Cuba. The Board agreed that both convictions…
Matter of Kojoory
Suspension and withholding requests denied
An Iranian student remained in the United States after his authorized stay expired. He sought suspension of deportation based on hardship and withholding of deportation based on his public opposition to the Shah of Iran. The Board found no extreme hardship from his employment prospects, change in…
Matter of Salvador-Fuentes
Illinois remarriage valid despite Mexican divorce restriction
A lawful permanent resident sought visa preference status for his wife after they remarried in Illinois. His Mexican divorce decree from a prior marriage barred remarriage for one year, and the Illinois ceremony took place within that year. The District Director denied the petition on the view that…
Matter of Tonga
Permanent residence request denied after visitor visa entry
A man from Tonga entered the United States on a visitor visa and later sought permanent resident status. He had a United States citizen child and brother, and his wife and another child had joined him as visitors. The Board found that he had intended to remain permanently when he applied for the…
Matter of Turcotte
Voluntary departure upheld despite a criminal conviction
A Canadian visitor was found deportable after a municipal conviction related to prostitution. The immigration officer granted her voluntary departure, and the Service appealed. The Board explained that a single petty offense did not automatically bar a showing of good moral character, but the same…
Matter of Adamska
Refugee classification approved for Polish applicant
A Polish woman who had worked at the United States Embassy in Warsaw sought refugee classification after entering the United States as a visitor. She described surveillance, difficulty finding work and housing, and repeated pressure to join a Communist youth organization. The District Director…
Matter of Lauer
Paternity acknowledgment did not legitimate child under German law
A lawful permanent resident petitioned for preference quota status for his son, who was born out of wedlock in Germany. The father had acknowledged paternity before a German court in 1950. The Board held that acknowledgment alone did not legitimate the child under German law. It said legitimation…
Matter of Mandewirth
Acknowledgment did not legitimate child under Austrian law
A lawful permanent resident sought preference quota status for his son, who was born out of wedlock. The father submitted an Austrian document acknowledging paternity and agreeing to support the child. The Board found that Austrian law treated acknowledgment differently from legitimation. Because…
Matter of Talanoa
Adjustment case reopened after business failed
A man from Tonga received adjustment of status after claiming an exemption from labor certification for his nursery and gardening business. The Service later showed that the business had stopped operating less than 90 days after the hearing and that he had taken a job with an airline. The Board…
Matter of Hoeft
Home ironing work still required labor certification
A woman from Tonga sought adjustment of status while raising her children in the United States. She had worked as a housekeeper and later earned money ironing clothes at home. The Board held that her work required a labor certification, even if her main reason for staying was to care for her…
Matter of Estrada-Betancourt
Exclusion proceedings ended after border entry
Three Cuban nationals crossed from Mexico by boat near Brownsville, Texas, and traveled by car to an airport inland. They said they intended to seek inspection as political refugees in Miami. The Board held that they had entered the United States after bypassing the nearest designated inspection…
Matter of Ferrante
Marriage fraud bar blocked a later visa petition
A United States citizen petitioned for immediate relative status for her husband. His earlier adjustment of status through a prior marriage had been rescinded after the Board found that marriage was entered into solely to obtain immigration status. He argued that the earlier marriage may have been…
Matter of Hung
Refugee classification and adjustment approved
A woman who fled China with her family sought refugee classification and adjustment of status after living in Hong Kong and entering the United States as a student. The District Director found that she had firmly resettled, in part because she might be able to join her student husband in Canada…
Matter of Chin
Chinese adoption supported revalidation of parent petition
A U.S. citizen sought to revalidate an earlier visa petition for the woman who had raised him as his mother. She later disclosed that she and her partner had acquired him from his natural parents as an infant and registered her as his birth mother. After an earlier remand, the Board reviewed…
Matter of Wood
Criminal court trips counted as entries
A Canadian man admitted as a permanent resident later faced exclusion after convictions in Canada. The Board treated his earlier juvenile delinquency conviction as a petty offense, so it did not invalidate his original immigrant visa. It found that his later trips to Canada for criminal proceedings…
Matter of Gerace
Marriage remained valid for visa petition
A United States citizen sought immediate relative status for his wife, who had married previously in the Philippines. Her first spouse had disappeared for about six years, and she believed he was dead when she married the petitioner. The District Director denied the petition because the first…
Matter of Manchisi
Fraudulent marriage did not bar the section 241(f) waiver
An Italian man entered the United States with a nonquota immigrant visa obtained through a marriage that was later found to have been entered into to evade the immigration laws. The special inquiry officer found him deportable and denied the section 241(f) fraud waiver because he would not…
Matter of Iesce
Marriage before entry ended visa eligibility
An Italian woman received an immigrant visa as the unmarried daughter of a fifth preference immigrant. She married in Italy after the visa was issued but before using it to enter the United States. The Board held that she no longer qualified for the unmarried child status shown on the visa when she…
Matter of Doultsinos
Accountant qualified for third preference classification
The petition sought third preference classification for a Greek accountant based on his education and professional work. The District Director found that his foreign accounting degree was equivalent to a United States bachelor's degree from an accredited institution and that accounting was a…
Matter of Benguria Y Rodriguez
Cuban Refugee Act section 2 did not cover an immigrant entrant
A Cuban citizen who had become a lawful permanent resident sought the benefit of section 2 of the Cuban Refugee Act of November 2, 1966. The Regional Commissioner found that his only arrival in the United States after January 1, 1959 was in 1965 with an immigrant visa, after inspection and…
Matter of Mostafa
Geophysicist qualified for third preference classification
The petition sought third preference classification for a geophysicist from the United Arab Republic based on his education and professional work. The District Director found that his bachelor's degree in geology and chemistry, together with his work as a geophysicist, qualified him for…
Matter of Goodalle
Reformatory sentence supported deportability
A lawful permanent resident was convicted in New York of second-degree assault committed within five years of his admission and was sentenced to an indeterminate term at the Elmira Reformatory. He argued that the offense did not involve moral turpitude and that commitment to a reformatory was not a…
Matter of Pfahler
A second planned job required separate labor clearance
A Canadian applicant for immigrant admission had a labor certification for work as a painter-supervisor in Detroit. He also planned to work as a dock foreman for a freight company, for which he had no certification. The special inquiry officer ordered him excluded, believing he intended to work…
Matter of Ho
Translator occupation did not qualify for third preference classification
A Hong Kong resident sought third preference classification as a member of the professions based on his education and work as a translator. The Regional Commissioner found that the beneficiary intended to continue working as a translator and that the Dictionary of Occupational Titles classified…
Matter of Navarrete
Constructive presence supported citizenship at birth
Two children born in Mexico claimed United States citizenship through their mother, who had been born abroad to a United States citizen father. The special inquiry officer found that the mother's constructive continuous physical presence in the United States, previously recognized for citizenship…
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.