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 Nghiem
Physician's appeal for withholding of deportation denied
A Vietnamese physician remained in the United States after his exchange visitor stay ended and sought withholding of deportation to Viet Nam. He feared discrimination because of his American training, long absence, refusal to return, and American family. The Board found that much of his evidence…
Matter of Morris
Visa petitions denied without a stepchild relationship
A U.S. citizen sought visa classification for two Jamaican children of her husband, who were born to other women before their marriage. The children lived with their father's brother in Jamaica, and the petitioner had seen them only briefly during visits. The Board distinguished a court case in…
Matter of Miller
Board denied a visa petition for a stepchild
A U.S. citizen petitioned for a visa for her husband's daughter, who was born to another woman during their marriage. The daughter had lived with her mother until she came to the United States at age 15, although the petitioner said that she and her husband had supported the child and received…
Matter of Salama
Withholding of deportation to Egypt upheld
A special inquiry officer found an exchange visitor deportable for remaining beyond his authorized stay but granted withholding of deportation to Egypt because he was Jewish. The officer certified the order to the Board for review of the religion based persecution finding. The Board cited evidence…
Matter of Sihasale
Withholding claim remanded under amended standard
An Indonesian visitor conceded that she had remained beyond her authorized stay and sought withholding of deportation to Indonesia. The special inquiry officer granted voluntary departure but denied withholding. The Board could not tell whether the officer had applied the amended law, which…
Matter of Corral-Fragoso
Judicial recommendation did not stop deportation
A Mexican permanent resident was ordered deported for knowingly assisting other people to enter the United States unlawfully for gain. After a federal criminal conviction for transporting aliens, the sentencing court recommended against his deportation. He asked the Board to reopen and reverse the…
Matter of Garcia
Deportation appeal dismissed after two convictions
A longtime United States resident appealed a deportation order based on separate convictions for petty larceny and taking indecent liberties with a child. He also sought suspension of deportation, which Congress had rejected twice before. The Board held that both convictions involved moral…
Matter of Rossi
Narcotics conviction supported deportation after denaturalization
An Italian native was convicted of narcotics offenses while he was a naturalized United States citizen. His naturalization was later set aside, and an immigration officer ordered him deported. The Board held that the narcotics deportation ground applied because he was now an alien who had been…
Matter of Hall
Visa petition approved after void marriage
A United States citizen petitioned for immigration status for her Jamaican husband. A district director denied the petition because the husband's earlier marriage to another woman had no documented termination. The Board found that his marriage to that woman had been void from the start because his…
Matter of Nunez-Toro
Exclusion upheld for lack of immigrant visa
A Cuban citizen returned to the United States without a visa while in transit to Canada and sought admission as a political refugee. The Board held that his request to remain made him an intending immigrant who needed an immigrant visa. It rejected a second exclusion ground based on avoiding United…
Matter of Webb
Marihuana conviction supported deportation
A Jamaican permanent resident was convicted under Connecticut narcotics law after growing marihuana plants. An immigration officer held that the conviction supported deportation for a law relating to narcotic drug production. The resident argued that the conviction was not final because he had…
Matter of Brantigan
Marriage petition reopened for more evidence
A naturalized United States citizen petitioned for nonquota status for his new wife. The Board had previously found that California's presumption favoring a later marriage did not prove that his first marriage had legally ended. On reconsideration, the Board maintained that the petitioner had to…
Matter of Pang
Hong Kong deportation destination upheld
After the Republic of China declined to accept a man previously ordered deported, an immigration officer designated Hong Kong instead. The man refused to testify at a reopened hearing and challenged the officer's use of information from his Hong Kong seaman's discharge book. The Board found the…
Matter of Freeman
Marriage recognized for visa petition despite earlier Mexican divorce
A U.S. citizen petitioned for his wife after marrying her in Korea. The immigration service challenged the marriage because his first wife had obtained a Mexican divorce without appearing in the divorce proceeding. The Board found no Korean statute that would bar recognition of the divorce and…
Matter of Flores-Gonzalez
Honorable Army discharge preserves eligibility for deportation relief
A Mexican citizen conceded that his Texas marihuana conviction made him deportable, but sought suspension of deportation. The immigration officer denied relief because the Army had dropped him from its reserve rolls after his conviction, despite an earlier honorable discharge following more than…
Matter of Corral-Fragoso
Paid assistance with unlawful entry made return from Mexico an entry
A Mexican permanent resident arranged in Mexico to drive several people to Chicago after they entered the United States unlawfully, and pleaded guilty to transporting them. He argued that his return from a visit to his family in Mexico was not an immigration “entry” under the Supreme Court's rule…
Matter of Quadara
Suspended prison sentence still supported deportation
An Italian permanent resident pleaded guilty in New York to second-degree assault with intent to commit robbery, an offense the Board held involved moral turpitude. The court imposed a prison sentence of one to two years but suspended its execution and placed him on probation. He argued that a…
Matter of M/V Pacific Ocean
Crewman's missed inspection did not justify a fine
When a ship docked in Detroit, one Brazilian crew member was not presented to an immigration officer for inspection. The district director imposed a $200 fine on the vessel's master or agents, inferring that the crew member had gone ashore. The carrier supplied affidavits saying he had been fishing…
Matter of Fleuti
Service did not prove deportability at entry
The immigration service alleged that a Swiss man had been excludable when he entered the United States in 1952, relying on a historical classification tied to homosexuality. A special inquiry officer had found him deportable but granted suspension of deportation, and the Service appealed that…
Matter of The
Stepmother visa petition approved
A naturalized U.S. citizen sought preference status for her stepmother in Indonesia. Her father acknowledged her shortly after her birth and married the stepmother while the petitioner was still a child. The Board reconsidered its earlier denial after Nation v. Esperdy held that the immigration…
Matter of George and Lopez-Alvarez
New adjustment bar applies to pending applications
Two applicants from British Guiana and Honduras sought adjustment to permanent resident status while deportation proceedings were pending. A special inquiry officer granted their applications, which had been filed before a new restriction took effect. The Board held that the December 1965 amendment…
Matter of Safadi
Visitor's appeal dismissed
A visitor from Jordan challenged a deportation finding after the Immigration Service revoked an extension of his stay. The Board held that the Service could terminate the extension when it learned that he did not intend to leave and had separated from his U.S. citizen wife. His wife had refused to…
Matter of Lethbridge
Counterfeit-obligation conviction sustains deportation
A Canadian citizen challenged deportation based on two federal counterfeiting convictions. The Board held that uttering a counterfeit obligation with intent to defraud was a crime involving moral turpitude and, by itself, sustained the deportation charge. It found that the other conviction, for…
Matter of Aleo
Claimed stepchild relationship was not established
A U.S. citizen petitioned for a girl in Italy as her stepdaughter, based on her husband's claim that he was the girl's father. The girl's birth certificate named another man as her father, and her maternal grandmother had cared for her after her mother's death. The Board found no evidence beyond…
Matter of LaRochelle
Deportability sustained, naturalization request left pending
A Canadian citizen appealed a deportability finding based on his sexual history and the immigration law in effect when he entered the United States in 1949. The Board upheld the charge under its interpretation of the 1917 statute and rejected his argument that the Government could not revisit…
Matter of Alvarez
Appeal dismissed after requested departure relief was granted
A Philippine exchange student remained in the United States after her authorized stay ended. She conceded deportability and received the voluntary departure relief she requested. She appealed to seek a stay until after a professional examination. The Board held that a stay request belonged with the…
Matter of Quintanilla-Quintanilla
Brief family visit did not create a new entry
A lawful permanent resident visited relatives in Mexico and made a pilgrimage for about a week, then returned to the United States. After a later murder conviction, the Government charged him with deportability for a crime committed within five years after an immigration “entry.” The Board held…
Matter of Johnson
Suspended sentence counted as conviction for narcotics charge
A Canadian national pleaded guilty to unlawful possession of narcotics in Washington. The state court suspended imposition of sentence, placed him on probation, and required four months in jail. A special inquiry officer ended the deportation case after finding that the criminal proceeding did not…
Matter of McNeil
Attorney General rejected a remand over deposition procedures
The respondent claimed United States citizenship while immigration officials sought his deportation and relied on a baptismal certificate and school record from India to establish his birthplace. The Board ordered new depositions to authenticate those records and later denied the Service's request…
Matter of Dolhancey
Prostitution charge sustained
The respondent, a French citizen, was convicted of three prostitution and assignation offenses after entering the United States. She admitted that the conviction records were hers and described operating a massage parlor where she committed acts of prostitution. The Board held that the conviction…
Matter of Talbot-Phibbs
Adopted daughter could use British quota
A British citizen born in South Africa was adopted there as an infant by parents who were not residents of South Africa. After overstaying a visitor admission in the United States, she applied for permanent resident status. The Immigration Service argued that the quota rule for a child born outside…
Matter of Nouri
Consular divorce did not establish a valid marriage
A United States citizen petitioned for her husband's visa after he obtained a divorce from his first wife before an Egyptian consul in Chicago. The District Director denied the petition because that divorce did not satisfy Illinois or Iowa law, leaving the later marriage unproven. The Board held…
Matter of Jancar
Father's acknowledgment supported daughter's visa petition
A Yugoslav father petitioned for preference quota status for his daughter, who was born outside marriage. The District Director denied the petition because he thought her relationship to her father did not qualify under the Immigration and Nationality Act. Her birth certificate showed that the…
Matter of Green
Board denied visa petitions for two children
A U.S. citizen sought visa classification for two Jamaican children of her husband, who were born to another woman during their marriage. The Board considered whether the children qualified as her stepchildren under the immigration statute. It distinguished a prior case involving a close family…
Matter of Lambert
Deportation upheld for prostitution-related convictions
A Canadian permanent resident appealed an order of deportation based on convictions under Florida and Tampa laws concerning prostitution. The special inquiry officer had rejected the original procurement charge but sustained a later charge based on two crimes involving moral turpitude. The Board…
Matter of Vega
Adjustment grant withdrawn after preconceived residence plan
An El Salvadoran visitor remained in the United States beyond his authorized stay and sought adjustment to permanent residence. A special inquiry officer granted the application, and the government appealed. The Board found that the visitor had misrepresented his employment when applying for a visa…
Matter of Smith
Deportation case remanded for adjustment and waiver review
A British permanent resident faced deportation proceedings after two New York disorderly conduct convictions. He sought an adjustment of status under section 245 and a section 212(c) waiver, but the District Director denied his waiver application. The Board held that an applicant seeking adjustment…
Matter of Vielma-Ortiz
Loss of citizenship did not erase permanent residence
A man who had been admitted as a permanent resident and later naturalized voted in a Mexican election while abroad. The Board treated that vote as an expatriating act under the law it applied in 1965. It held that losing citizenship did not end the permanent resident status he had acquired before…
Matter of Sourbis
Visitors' deportability affirmed after stay extensions denied
A husband and wife from Greece entered the United States as temporary visitors and remained after their authorized stay ended. The District Director denied their requests for further extensions, and a special inquiry officer found them deportable while granting voluntary departure. On appeal, they…
Matter of Peralta
Deportation case reopened after Philippine nationality ruling
A Philippine native entered the United States as a permanent resident in 1928, was convicted of first-degree robbery in 1936, and reentered in 1950. A special inquiry officer terminated deportation proceedings, reasoning that the man had been a United States national when convicted. The Board found…
Matter of Kurys
Beneficiary's attorney could not appeal spouse's visa petition denial
A United States citizen withdrew an approved visa petition for her husband, then filed a new petition after a state court ordered her to do so. She told immigration officials that she did not intend to live with him and had filed only because of the order. The District Director denied the new…
Matter of Bufalino
Appeal from deportation order dismissed
The Board reviewed an Italian respondent's appeal from a deportation order and denials of discretionary relief. The respondent had entered the United States without inspection after falsely claiming United States citizenship and sought a record of lawful admission, adjustment of status, suspension…
Matter of Stoytcheff
Exclusion order affirmed after hearing through hospital representative
A Bulgarian applicant had been paroled into the United States and was later confined in a hospital after being found unable to participate in a criminal proceeding. A physician told the special inquiry officer that the applicant could not testify in an exclusion hearing and that explaining the…
Matter of Sangster
Economic loss alone did not establish extreme hardship
A Jamaican student remained in the United States after her authorized stay ended. A special inquiry officer granted her suspension of deportation, but the Service appealed. The Board found that deportation would cause economic detriment, yet the record did not show she could not find suitable work…
Matter of Lum
National Guard training counted toward suspension eligibility
A Chinese national had entered the United States under a false identity and later used a United States passport based on a false citizenship claim. The Board held that annual active training with a federally recognized California Army National Guard unit counted toward the 24 months of active duty…
Matter of Chojnowski
Registered Polish birth certificate established legitimation
A United States citizen petitioned for nonquota status for his son, who was born outside marriage in Poland. The District Director denied the petition for lack of proof that the son was legitimate under Polish law. The Board found that the son's registered Polish birth certificate named the…
Matter of Batten
Conspiracy to misapply bank funds involved moral turpitude
A Canadian national challenged a deportation order based on two convictions after entry: larceny and conspiracy involving a bank's funds. He conceded that larceny involved moral turpitude but disputed that characterization of the conspiracy. The Board examined the indictment and cited federal cases…
Matter of Sanchez-Marin et al.
Manslaughter convictions supported exclusion
Three Cuban applicants were charged with exclusion after their parole into the United States was revoked. Two had pleaded guilty to manslaughter after being indicted for second-degree murder; the third had pleaded guilty to being an accessory after the fact. The Board treated the killings as…
Matter of Mueller
Wisconsin exposure convictions did not establish moral turpitude
The Service sought deportation based on five Wisconsin convictions for public indecent exposure, which arose from separate acts. The Board examined the statute and concluded that the offense required no criminal intent or lewd motive. The complaints did not describe the circumstances of the acts…
Matter of Ortiz-Prieto
Adjustment denied despite statutory eligibility
A Chilean visitor remained in the United States beyond his authorized stay and applied to become a permanent resident. The special inquiry officer denied adjustment of status but allowed voluntary departure. The Board found no evidence that he had intended to evade the visa process when he entered…
Matter of Caudillo-Villalobos
Later marriage did not support retroactive waiver
The respondent sought a retroactive waiver of the ground of exclusion that existed when he last entered the United States in 1963. His renewed hardship claim relied on a woman he married in 1965 and their child. The Board held that the later marriage could not support the requested waiver because…
Matter of M/V Zarathustra
Carrier not fined for crewman's escape from federal hospital
A Greek crewman who had been refused landing privileges was taken from the vessel to a federal hospital with immigration officials' permission. He escaped from the hospital before the carrier's agents could retake custody. The Board held that the agents lacked control over him during…
Matter of Gian
French conviction could not support deportation charge
The respondent was convicted of theft by a French court while serving overseas in the United States Army. The Board held that the French conviction could not support deportation under the charged provision because the foreign court could not make a binding recommendation against deportation under…
Matter of Graham
Two-month trip interrupted required physical presence
A Jamaican student sought suspension of deportation after remaining in the United States beyond her authorized stay. She had spent two months in Jamaica during the seven-year period relevant to her application. The Board held that this absence interrupted the continuous physical presence required…
Matter of Mendoza
Petty offense left Mexican respondent ineligible for suspension
The respondent, a Mexican citizen, sought suspension of deportation. His Illinois conviction for receiving stolen property worth $49 was a petty offense under the applicable amendment, so it did not make him ineligible for a nonquota immigrant visa. The Board held that this visa eligibility kept…
Matter of Chan
Adoption not established for visa petition
A United States citizen grandfather sought preference quota status for his grandson, a native and citizen of China, as an adopted child. The Board held that financial support and living in the same household did not establish an intent to adopt under the applicable provisions of the Chinese Civil…
Matter of Estrada-Morena
Retroactive passport waiver upheld for children
Two Mexican siblings entered as immigrants in 1956 after their parents falsely represented that their mother was a United States citizen. The resulting passport waiver left the children excludable when they entered, so the Board affirmed the deportability finding. It also held that the special…
Matter of Pang
Crewman's voluntary statement supported deportation order
A Chinese crewman was ordered deported after going ashore in New York despite being refused permission. He challenged the use of a sworn statement he had given to immigration investigators before his hearing, arguing that he lacked counsel and that the statement was not properly authenticated. The…
Matter of Pust
School membership did not bar adjustment
A Yugoslavian student sought adjustment of status after overstaying his admission. The government appealed an order granting his application because he had belonged to Communist controlled youth organizations in Yugoslavia. The Board found that his membership began in school, paid for his…
Matter of Mariani
Refusal to answer relevant questions supported denial of voluntary departure
An Italian citizen entered the United States from Canada without the required nonimmigrant documentation. He appealed the denial of his request for voluntary departure in place of deportation. He argued that answering detailed questions about his entry could expose him to criminal prosecution. The…
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.