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 Ku
Mathematics degrees qualified petitioner for professional preference
A Chinese citizen petitioned for third preference immigrant classification as a mathematician. He held bachelor's and master's degrees in mathematics, had worked as a research and teaching assistant, and was studying for a doctorate at Tulane University. The District Director found that mathematics…
Matter of Wojciechowski
Veterinarian qualified for professional preference
A Chilean citizen trained as a veterinarian petitioned for third preference immigrant classification as a member of the professions. He had graduated from the University of Chile with a veterinary physician diploma and worked as a veterinarian in Chile. The District Director found that veterinary…
Matter of Cabeliza
Prior sham marriage barred father's visa petition
A naturalized U.S. citizen petitioned for immigrant preference status for his daughter. The daughter had previously received nonquota status through a second marriage that immigration officials determined was a sham entered into to evade immigration law. Her father argued for a new petition based…
Matter of Tom
Entry without inspection barred refugee adjustment
A Chinese citizen entered the United States in 1951 after falsely claiming United States citizenship, and he conceded the charge of entry without inspection. He sought refugee classification and adjustment to permanent resident status after Congress took adverse action on an earlier grant of…
Matter of McGowan
Chiropractor qualified as a member of the professions
Michael Murdoch McGowan sought third preference immigrant classification based on his chiropractic training and practice. He held a Doctor of Chiropractic degree and a California license. The District Director reviewed the state's extensive education and licensing requirements and concluded that a…
Matter of Shih
Librarian qualified for third preference classification
A visa petition sought third preference classification for a Chinese librarian living in Maryland. She had earned a master's degree in library science and worked as a librarian at Bowie State College. The District Director reviewed occupational descriptions and concluded that a master's degree in…
Matter of War Memorial Hospital
Emergency pathology visits qualified as temporary services
War Memorial Hospital in Michigan sought to bring a Canadian pathologist across the border for occasional emergency procedures when its staff pathologist was away. The Acting District Director denied the petition because the hospital's pathologist position was permanent. The Regional Commissioner…
Matter of Dessi
Shoemaker visa petition denied on ability and job qualifications
A maker of orthopedic shoes sought sixth preference immigrant classification for a worker in Italy. The Labor certification described a $100 weekly job requiring work with plastic forms and repairs to orthopedic shoes. The Regional Commissioner found the petitioner's $8,000 annual gross business…
Matter of Kozielczk
Earlier two-year presence satisfied refugee adjustment rule
A Cuban citizen who had fled the Castro government sought refugee classification and adjustment to permanent residence. He had lived in the United States continuously from January 1961 to May 1964, then made a short trip to Israel with advance authorization for parole. The District Director denied…
Matter of Konishi
Proposed assistant did not qualify for treaty trader status
A Japanese visitor applied to change her classification to treaty trader so she could work for a Japanese owned import and export company in New York. The company called the proposed position an executive assistant and said her Japanese language skills were essential. The Regional Commissioner…
Matter of Bonanni
Illness did not end resident commuter status
An Italian citizen who lived outside the United States had commuted to a job at Chrysler in Michigan. A heart attack interrupted his work, and when he recovered, Chrysler had no suitable position for him. He presented himself at the border less than six months after becoming employable again with…
Matter of Nakatsugawa
Entomologist qualified for third preference classification
A visa petition sought third preference classification for a Japanese entomologist working at Iowa State University. He held a master's degree in entomology and a doctorate in insect toxicology, and the Department of Labor had issued the required certification. The District Director reviewed…
Matter of Shao
Economist qualified for third preference classification
A visa petition sought third preference classification for a Chinese economist living in Illinois. He had studied accounting and economics in Taiwan and Hong Kong and earned a master's degree in economics from the University of Kansas. The District Director reviewed occupational descriptions and an…
Matter of Leger
Adjustment denied as a matter of discretion
A visitor from Tonga remained in the United States after his permitted stay and a later departure deadline. He sought adjustment of status, and the special inquiry officer denied that request while granting voluntary departure. The Board found that adjustment was discretionary even if statutory…
Matter of Velasquez-Hernandez
Suspension case reopened for cook's helper
A Mexican citizen who entered without inspection sought to reopen his deportation case to apply for suspension of deportation. The special inquiry officer denied reopening because the statute ordinarily excluded natives of countries contiguous to the United States from that relief. The respondent…
Matter of Romandia-Herreros
Mexican convictions supported deportation order
A Mexican national who had lived in the United States since 1926 challenged a deportation order. He claimed United States citizenship through his father, but immigration records identified his father as born in Mexico and the hearing officer disbelieved the contrary testimony. He also argued that a…
Matter of Rowland
British Honduras native barred from status adjustment
A visitor from British Honduras overstayed his authorized stay and sought to adjust his status after marrying a United States citizen. A hearing officer granted adjustment, reasoning that a statutory bar for natives of Western Hemisphere countries did not cover colonies. The Board held that the…
Matter of Sihasale
Withholding claim denied after review of Indonesian conditions
An Indonesian visitor who overstayed sought to avoid deportation to Indonesia. She feared persecution because she had worked for a United States government agency and an American company there. The Board found that her evidence did not establish a personal risk of persecution under the amended…
Matter of Mirza
Current worker still needed labor certification for adjustment
An Iraqi student overstayed his permitted stay and sought permanent residence through adjustment of status. He argued that he did not need labor certification because he had worked in the United States for more than four years and would not displace another worker. The Board held that an applicant…
Matter of Bedi
Engineering education did not qualify for third preference
An Indian citizen sought third preference classification as a professional mechanical engineer. He had a science degree from India, a refrigeration diploma, and a Higher National Certificate in Mechanical Engineering from England. The Office of Education evaluated his studies as the equivalent of…
Matter of Chau
Crewman's appeal from denial of reopening dismissed
A Chinese crewman who had overstayed sought to reopen his deportation case to apply for refugee adjustment of status. The Board held that he had not been continuously present in the United States for the two years required for adjustment under the proviso to section 203(a)(7). It also held that the…
Matter of Morcos
Prior removal defeated returning resident claim
The respondent had been admitted for permanent residence in 1929 but requested government funded removal to Egypt in 1938 after receiving public aid. He returned in 1965 on a visa for a returning resident without telling the consul about that removal. The Board held that the removal ended his…
Matter of Smith
False employment letter barred commuter's admission
A Canadian resident had commuter status while working at her sister's United States restaurant, but the restaurant was sold and she stopped working there. She continued to enter as a commuter using a resident alien card and false letters saying she still held that job. The Board held that the false…
Matter of Dingena
Board reverses termination on two conviction charge
The respondent was convicted in Wisconsin of sexual intercourse with a child under sixteen and, separately, burglary. A special inquiry officer terminated deportation proceedings after concluding that the first offense did not involve moral turpitude. The Board held that the offense involved moral…
Matter of Malone
Prior deportation could not support renewed proceedings
A Canadian woman was deported in 1953 on a prostitution charge supported by a conviction for offering to commit prostitution. The Board held that the evidence had not established the charge under the law as interpreted at the time. It agreed that relying on the 1953 order would perpetuate a gross…
Matter of Krastman
Adjustment denied despite statutory eligibility
A Dutch permanent resident had convictions from a February bogus note and two March fraud and theft incidents. The Board found that the government had shown the crimes did not arise from a single scheme, so it upheld deportability. It disagreed with the special inquiry officer's view that entry as…
Matter of Wong
Good faith citizenship claim requires findings
A Chinese citizen entered the United States in 1952 after claiming United States citizenship and later sought adjustment of status. The special inquiry officer found her ineligible because he considered her entry uninspected, but did not decide whether she honestly believed her citizenship claim…
Matter of Woo
Knowing citizenship claim barred adjustment
A Chinese citizen entered the United States in 1949 using his uncle's surname and claiming to be that United States citizen's son. He later sought adjustment of status under section 245. The Board found that he knew he was not a citizen when he entered and had willfully made a false citizenship…
Matter of Wong
Unauthorized work violated visitor status
A visitor admitted for pleasure took a job as a cook in Connecticut shortly after entering the United States. His admission allowed him to remain as a visitor, but did not authorize gainful employment. The Board held that the job violated the conditions of his nonimmigrant status and made him…
Matter of Padilla
Exchange visitor could not adjust without statutory waiver
A Philippine exchange visitor remained in the United States after her authorized stay expired and sought adjustment of status. Her country's consul stated that the Philippine Republic had ended her exchange status and waived her obligation to return. The Board held that this letter did not satisfy…
Matter of Peters
Father's adoption also legitimated daughter
A United States citizen petitioned for an immigrant visa for his daughter, who was born out of wedlock. The district director denied the petition because she was older than 14 when the petitioner and his wife adopted her. The Board held that the adoption also acknowledged and legitimated her under…
Matter of Semerjian
Engineering job established intent for visa preference
A Syrian mechanical engineer sought third preference immigrant classification. The District Director denied his petition because he had worked mainly selling vacuum cleaners after a short engineering job. On appeal, he showed that he had continued seeking engineering work and had started a new…
Matter of M/V "Tung An"
Crew detention fines reduced
Three crew members left a ship after immigration officers denied them conditional landing privileges. The vessel's master and agent were fined $1,000 for each failure to detain a crew member. The district director reduced the fines to $700 each, and the Board granted another $200 reduction per crew…
Matter of Cheung
Crewman could not reopen for refugee adjustment
A nonimmigrant crewman who had remained beyond his authorized stay sought to reopen deportation proceedings. He wanted refugee classification and adjustment to permanent residence. The Board held that the governing regulation required refugee applicants to meet the adjustment requirements of…
Matter of Glencoe Press
Publisher's proposed trainee could fill a permanent United States job
A book publisher sought to bring a British editor to the United States for a year of training in acquiring college textbook manuscripts. The publisher said it might later employ him permanently in the United States or assign him editorial work in Europe. The beneficiary also said he wanted to stay…
Matter of Mietus
Termination withdrawn after marital agreement finding
A Polish immigrant entered the United States as the spouse of a U.S. citizen after a civil marriage in Poland. A special inquiry officer terminated deportation proceedings, and the immigration service appealed. The Board held that the government bore the burden of proving deportability under the…
Matter of Williams
Adjustment grant upheld for former Communist Party member
The respondent had entered the United States as a child in 1907 and later joined the Communist Party. A special inquiry officer granted his application for adjustment of status but denied his alternative request for suspension of deportation. The Board found that his public break with the Party…
Matter of Basu
Biochemist qualified for third preference classification
An Indian biochemist sought third preference classification as a member of the professions. He held bachelor's and master's degrees from the University of Calcutta and a doctorate in biological chemistry from the University of Michigan. He was working as a biochemist at Johns Hopkins University…
Matter of Devnani
Chemist's education and experience qualified him for third preference
Standard Products Company sought third preference classification for an organic chemist who formulated vinyl plastics. His Indian science degree was evaluated as two years of United States college credit, and he also held a United States master's degree in business administration. He had worked in…
Matter of Redekop-Rempening
Student admitted without a labor certification
A 22-year-old Mexican citizen applied for permanent residence while planning to continue her college studies in the United States. A special inquiry officer found her excludable for lacking a labor certification, relying mainly on a statement she had given to an immigration inspector about possible…
Matter of Burciaga-Salcedo
Commuter admitted after caring for ill child
A Mexican citizen lived in Mexico and commuted to domestic work in the United States after being admitted for permanent residence. She stopped working for more than six months to care for her seriously ill child; another worker filled her job. A special inquiry officer ruled that she had lost her…
Matter of Gee
Corrected Army record supports suspension of deportation
The respondent, a Chinese citizen, was found deportable after entering the United States without an immigrant visa. A special inquiry officer suspended his deportation, and the case was certified to the Board because the Army had corrected his service record. The correction extended his active duty…
Matter of Lee
Motion to reopen for suspension of deportation denied
A Korean citizen entered the United States as a nonimmigrant student and remained after his authorized stay ended. A special inquiry officer granted voluntary departure, with deportation if he did not depart. The respondent later sought to reopen the proceedings to apply for suspension of…
Matter of Alvarez-Verduzco
Exclusion ordered after narcotics conviction
A Mexican permanent resident sought readmission after a one-day visit to Mexico. At the border he attempted to bring in heroin and was later convicted under the cited federal narcotics law. A special inquiry officer terminated exclusion proceedings, finding that the brief trip had not meaningfully…
Matter of Tonga
Adjustment denied for lack of visa eligibility
A Tongan visitor applied to become a permanent resident after remaining beyond his authorized stay. A special inquiry officer denied adjustment partly on the view that he had planned to stay permanently when he entered as a visitor. The Board found that his stated plan depended on whether he could…
Matter of Sobers
Stepchild petition denied for lack of family relationship
A woman petitioned to classify her husband's alleged daughter as her stepchild. The Board had remanded the matter for evidence about whether the three had formed a family unit in Barbados or the United States. The beneficiary had been raised by her mother and then in an orphanage; before arriving…
Matter of Reeves
Suspension and voluntary departure denied
A Jamaican citizen appealed an immigration officer's denial of suspension of deportation and voluntary departure after he remained in the United States beyond a visitor admission. The Board agreed that the record established deportability and adopted the officer's finding that the respondent had…
Matter of Bilbao-Bastida
Return from Cuba required a valid visa
A Spanish permanent resident visited Cuba during a trip to Mexico and then reentered the United States with only his alien registration receipt card. An immigration officer found him deportable because a regulation in effect at the time made that card insufficient for a person who had been in Cuba…
Matter of Talanoa
Self-employed gardener needed labor certification
A Tongan citizen who had entered the United States as a student sought to adjust his status to permanent residence. He worked as a landscape gardener, found his own customers, and argued that self-employment exempted him from labor certification. The Board held that the amended labor certification…
Matter of Santoro
Mayhem conviction supported deportation
A permanent resident was convicted under Rhode Island's mayhem statute for injuring his wife. The Board held that the offense involved moral turpitude because the statute required a voluntary, malicious, or purposeful act. It said the circumstances offered as mitigation could not change that…
Matter of Vilanova-Gonzalez
Visitor employment violated status
A Spanish visitor admitted for business took an unauthorized construction job for at least 40 hours a week. The Board held that local labor for hire was outside the permitted business visitor activity and upheld the deportability finding. His earlier permanent resident adjustment had been rescinded…
Matter of Wojcik
Exchange visitor status barred suspension of deportation
A Polish citizen entered as a visitor and applied to change her status while studying medicine. Although she requested student status, her application included the certificate for exchange visitor status, and the immigration officer granted that status. The Board found the change valid and noted…
Matter of Pijaga
Crewman's case remanded for suspension request
A Yugoslav crewman who had overstayed sought to reopen deportation proceedings to apply for refugee preference and adjustment of status. The Board said the District Director, rather than the Board, decided the claimed preference, and a crewman was barred from adjustment under section 245. His 1957…
Matter of M/T "Dona Maria"
Carrier fine reduced to $200
A crew member who had been denied permission to land disappeared from the vessel Dona Maria . The carrier argued that he might have drowned while swimming ashore, so no illegal landing had been proved. The Board held that his absence from the outgoing manifest and the report that he was missing…
Matter of Vos
Law librarian qualified for professional visa preference
The University of Texas sought third preference classification for a law librarian from the Netherlands. He had a Master of Law degree from Nijmegen University and more than four years of law library work at the Palace of Peace. An education bureau found his degree equivalent to United States…
Matter of Kitsalis
Spousal visa petition denied
A naturalized United States citizen asked for immediate relative status for a woman he had married in 1964. The district director denied the petition, finding that their marriage was not a genuine husband and wife relationship for immigration purposes. The Board noted that they had never lived…
Matter of Ficalora
Visa petition required labor certification
An Italian student stopped attending the school approved for his immigration status and attended another school without permission. He conceded deportability but sought permanent residence based on an employer's sixth preference visa petition. The Service returned that petition because it lacked…
Matter of De Lucia
Board upheld denial of immigration relief
An Italian native challenged a deportation order after reopening his case to seek a record of lawful permanent residence, a waiver of a criminal ground of inadmissibility, and protection against deportation to Italy. The Board rejected his claim that publicity, alleged prejudgment, and limits on…
Matter of Argyros
Board upheld rescission of status from a sham marriage
A Greek citizen received permanent resident status after marrying a U.S. citizen. The government later sought to rescind her adjustment, alleging that the marriage was arranged only to avoid immigration limits. The Board held that her sworn statement to investigators was voluntary and admissible in…
Matter of Coletti
Board reversed termination of deportation proceedings
An Italian citizen entered the United States with a preference visa reserved for the unmarried son of a permanent resident. Before entry, he had married in a Catholic ceremony, lived with his wife, and had a child with her. Italy did not give the religious marriage civil effect until it was…
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.