Federal Agency Decisions
Workplace-safety cases from the Occupational Safety and Health Review Commission (OSHRC), mine-safety cases from the Federal Mine Safety and Health Review Commission (FMSHRC), and environmental appeals from the EPA's Environmental Appeals Board, each with a plain-English summary, the standards it cites, and whether it counts as precedent. More agencies are coming.
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Eagle Safe Surfaces Colorado Inc. DBA Eagle & Myslik Inc.
In re Eagle Safe Surfaces Colorado Inc. DBA Eagle & Myslik Inc. (EAB CAA Appeal No. 26-04C): uncertified nonroad-engine settlement approved
Eagle Safe Surfaces Colorado Inc. DBA Eagle & Myslik Inc. imports and sells nonroad vehicles, including airport runway snow-removal plows and sweepers. EPA alleged that the company imported 28 new, compression-ignition nonroad engines from 2022 through 2025 without certificates of conformity or an…
Matter of Manuel Dejesus MARTINEZ-RODRIGUEZ
Bond order vacated for danger to the community
The Board reviewed DHS's appeal from an Immigration Judge's order releasing the respondent from detention on a $15,000 bond. The respondent had been arrested for vandalism, domestic violence, and aggravated burglary, and later pleaded guilty to false imprisonment. The Board held that the nature and…
Matter of Angel Damian OROZCO BECERRA and Matter of Neythan OROZCO BECERRA
Matter of OROZCO BECERRA (BIA ID 4189): in absentia proceedings reinstated
The two respondents, minors and citizens of Mexico, did not appear for scheduled removal hearings after notices were served on their mother. The Immigration Judge administratively closed their proceedings instead of entering in absentia removal orders, reasoning that the minors should not be held…
Albuquerque Bernalillo County Water Utility Authority
In re Albuquerque Bernalillo County Water Utility Authority (EAB NPDES Appeal No. 26-01): petition dismissed as moot
Albuquerque Bernalillo County Water Utility Authority was the holder of NPDES Permit No. NM0022250. After the petition for review was filed, EPA Region 6 notified the EAB that it was withdrawing the permit in its entirety under 40 C.F.R. § 124.19(j). Because the permit withdrawal eliminated the…
Matter of Albert D. MILLS
Cancellation of removal vacated after criminal history outweighed equities
The Board reviewed the Department of Homeland Security's appeal from an Immigration Judge's grant of cancellation of removal to a Canadian lawful permanent resident. The respondent had long-term residence, family ties, employment, tax compliance, and health concerns, but also convictions for stolen…
United States Department of the Navy, Navy Region Mid-Atlantic Fire and Emergency Services, Naval Weapons Station Earle, New Jersey and International Association of Firefighters, Local F-147
Naval Weapons Station Earle and IAFF Local F-147 (FLRA 0-AR-6049): Authority upholds controlled-burn contracting bar
The Navy planned to obtain prescribed-burn services from state or local entities at Naval Weapons Station Earle. An arbitrator found that controlled burns were firefighting functions within a contract provision incorporating 10 U.S.C. § 2465 and ordered the Navy not to contract out the work. The…
Matter of Yujing SHENTU
Bond release vacated
The respondent, a Chinese citizen, was detained during removal proceedings and released by an Immigration Judge on a $7,500 bond. DHS appealed, relying in part on an FBI letterhead memorandum stating that the respondent was the subject of an active national security investigation. The Board held…
Pension Benefit Guaranty Corporation, Washington, D.C. and Independent Union of Pension Employees for Democracy and Justice
Pension Benefit Guaranty Corporation and IUPEDJ (FLRA WA-CA-21-0018): Authority dismisses arbitration-panel complaints
The Independent Union of Pension Employees for Democracy and Justice alleged that the Pension Benefit Guaranty Corporation stopped following agreed procedures for filling an arbitration panel. An administrative law judge found that the agency's delays reflected compliance-related confusion and a…
Matter of Catalina SANTIAGO-SANTIAGO
Matter of SANTIAGO-SANTIAGO (BIA ID 4186): DACA termination decision remanded
The respondent, a DACA recipient in removal proceedings, moved to terminate her case without prejudice. The Immigration Judge granted the motion based only on the fact that her DACA had not been terminated, without considering DHS's opposition or the reasons for seeking termination. The Board held…
Secretary of Labor v. Material Sand & Stone Corp.
Two unexplained defaults left in place
Material Sand & Stone defaulted in two penalty cases after failing to answer the Secretary's petitions and the Commission's orders to show cause. The company generally asserted that it had not received some petitions or show-cause orders during an MSHA personnel change, and in one case said it…
O'Bryan Composting, LLC
Default order vacated and appeal dismissed
O'Bryan Composting, LLC appealed an ALJ default decision concerning alleged H-2A violations and $8,541 in civil money penalties. The default decision followed the company's failure to comply with discovery obligations and related orders. The parties later agreed to a stipulated dismissal, with the…
Matter of Erlin Orande Ahinsha RICHARDS
Cancellation denial upheld for lack of candor
The Board reviewed a lawful permanent resident's appeal from the denial of his application for cancellation of removal. The respondent, a citizen of Saint Vincent and the Grenadines, had long-term residence, family ties, employment, and potential hardship to his children, but he was not candid…
Matter of D-G-E-A- & N-G-G-E-
Appeal dismissed and relief denied
The respondents, a Salvadoran mother and her minor child, sought asylum, withholding of removal, and protection under the Convention Against Torture based on threats from the mother's husband and gang members. The Board held that general opposition to criminal gangs does not establish a political…
Secretary of Labor v. Cactus Canyon Quarries, Inc.
Stone-processing plant held subject to MSHA
Cactus Canyon challenged MSHA's authority over its Fairland Plant, a surface facility that washes, sorts, crushes, sizes, and roasts stone for terrazzo flooring. The Commission held that those activities constitute milling, so the facility is a mine under the Mine Act even though most stone is…
Secretary of Labor v. Cactus Canyon Quarries, Inc.
Electrical citations and MSHA jurisdiction affirmed
MSHA cited three electrical conditions at Cactus Canyon's Fairland Plant, which crushes and sizes stone for terrazzo flooring. The company argued that the facility was outside Mine Act jurisdiction because extraction did not occur on or near the site. The Commission held that crushing and sizing…
Gadbury v. Park Aerospace Corporation
Interlocutory appeal denied
Caroline Gadbury alleged that Park Aerospace Corporation and Mark Esquivel violated the Sarbanes-Oxley Act by terminating her employment. The respondents asked the ARB to immediately review an ALJ order denying their motion for summary decision. The Board held that the order was not final and that…
U.S. Postal Service, dba Kenton Station
Four asbestos-related violations affirmed with reduced penalties
The Postal Service operated Kenton Station in Portland, Oregon, where asbestos-containing flooring was present in work and custodial areas. OSHA alleged repeat violations for missing annual asbestos training, deficient asbestos housekeeping, an incomplete hazardous-chemical list, and the absence of…
Pleasant Valley Teardrop Trailers, LLC
In re Pleasant Valley Teardrop Trailers, LLC (EAB CAA Appeal No. 26-03C): HFC refrigerator import settlement approved
Pleasant Valley Teardrop Trailers, LLC imported 132 car refrigerators containing HFC-134a, a regulated substance with a global warming potential of 1,430. EPA alleged that the products were imported into the household refrigerator and freezer subsector after the applicable technology-transition…
Matter of A-M-Z-F-
Credibility issues remanded after closing-argument challenge
The respondent, an Egyptian citizen and Coptic Christian, appealed the denial of asylum, withholding of removal, and Convention Against Torture protection. He argued that the Immigration Judge violated due process by not allowing his counsel to make a closing argument. The Board held that parties…
Matter of John BOLIVAR-BOLIVAR
Matter of BOLIVAR-BOLIVAR (BIA ID 4180): termination vacated and proceedings remanded
The Department of Homeland Security charged the respondent with being present in the United States without having been admitted or paroled. Neither the respondent nor DHS appeared at the scheduled hearing, and the Immigration Judge terminated the removal proceedings because DHS had not filed…
Matter of M-K-
Removability and waiver denial affirmed
The respondent, a native of Syria and citizen of Algeria, challenged removal charges based on a Secretary of State determination that his presence could have serious adverse foreign-policy consequences and on an omission from his Form I-485 about his involvement with the United Nations Relief and…
Matter of Anthonia Betty NWAGWU, Beneficiary of a visa petition filed by Clovis Ndubuisi Nwagwu
Matter of Anthonia Betty NWAGWU (BIA ID 4197): visa petition revocation affirmed for marriage fraud
The Board reviewed a petitioner's appeal from the revocation of an approved visa petition filed for his spouse. The Board found substantial and probative evidence that the beneficiary's prior marriage had been entered into to evade immigration laws, including a sworn affidavit, investigative…
Matter of Gontrand Raphael GERMAIN
Cancellation grant vacated after criminal history review
The Board reviewed DHS's appeal from an Immigration Judge's discretionary grant of cancellation of removal to a Haitian lawful permanent resident. The respondent had long residence, lawful permanent resident status, family ties, and community involvement, but his record included assault and battery…
Secretary of Labor v. Material Sand & Stone Corporation
Unserved default order held nonfinal
Material Sand & Stone asked to reopen a default after it sent its answer to the Secretary's representative instead of filing it with the Commission. The company said it never received the Commission's order to show cause and later pursued the matter after delinquency and collection notices arrived…
Matter of Juan Carlos PELAGIO MENDOZA
Matter of PELAGIO MENDOZA (BIA ID 4179): cancellation grant vacated and removal ordered
The Department of Homeland Security appealed an Immigration Judge's grant of cancellation of removal to a Mexican respondent with three United States citizen children. The Board held that the record did not establish exceptional and extremely unusual hardship because the evidence about a child's…
Social Security Administration and American Federation of Government Employees, Local 4012
Social Security Administration and AFGE Local 4012 (FLRA 0-AR-6040): Authority dismisses moot reprimand exceptions
An arbitrator found that the Social Security Administration had just cause to reprimand an employee but still directed the agency to remove the reprimand from the employee's personnel file. The agency challenged that remedy. While its exceptions were pending, the reprimand reached its stated…
Matter of Agustin VALENZUELA GALLARDO
Matter of VALENZUELA GALLARDO (BIA ID 4178): obstruction-of-justice conviction affirmed as aggravated felony
The respondent, a Mexican citizen and lawful permanent resident, challenged his removability based on a California conviction for accessory to a felony. The Board held that an offense relating to obstruction of justice under the Immigration and Nationality Act requires an affirmative and…
Matter of Elmer Omar LOPEZ-ORELLANA
Matter of LOPEZ-ORELLANA (BIA ID 4177): termination vacated and proceedings remanded
The respondent's original notice to appear did not state the date or time of the initial removal hearing, and he did not attend two scheduled master calendar hearings. The Immigration Judge terminated the proceedings because the notice was noncompliant. The Board held that the respondent had…
Domebo v. Okmulgee Ready Mix Co.
STAA retaliation dismissal affirmed
Austin Domebo, a concrete delivery driver, alleged that Okmulgee Ready Mix fired him for reporting an air-brake defect and a blown tire. The Board accepted that his safety reports were protected activity but held that substantial evidence supported the Chief ALJ’s finding that those reports did not…
American Federation of State, County, and Municipal Employees, Local 1653 and United States Department of Transportation, Federal Aviation Administration, Mike Monroney Aeronautical Center
AFSCME Local 1653 and FAA Mike Monroney Aeronautical Center (FLRA 0-NG-3749): Authority dismisses trash-policy petition
AFSCME Local 1653 proposed eight measures after the Federal Aviation Administration replaced desk-side trash pickup with centralized receptacles. The union consented to dismissal of four proposals as bargaining-obligation disputes, and the Authority found a fifth proposal also presented only that…
Matter of Ricardo MERCADO-MARTINEZ
Matter of MERCADO-MARTINEZ (BIA ID 4176): termination vacated and proceedings remanded
The Immigration Judge terminated the respondent's removal proceedings after finding that the Department of Homeland Security had not proved his alienage with a Form I-213 and related written admissions. The Board held that a Form I-213 is presumptively reliable and that an Immigration Judge who…
Social Security Administration, Office of Hearing Operations, Baltimore, Maryland and Association of Administrative Law Judges, International Federation of Professional and Technical Engineers
Social Security Administration and Association of Administrative Law Judges (FLRA 0-AR-6012): Authority narrows PII-access remedy
The Social Security Administration ended a practice that allowed union representatives who were also agency administrative law judges to access claimant files containing personally identifiable information for representational work. An arbitrator found the termination unlawful and ordered…
DeTie v. TransWood, Inc.
Denial of STAA complaint affirmed
Dale DeTie, a fuel-delivery driver, alleged that TransWood and manager Mark Miller fired him for reporting overweight loads and refusing an unsafe assignment. The Board agreed that earlier safety complaints were protected, but it upheld the finding that DeTie did not refuse the April 24 load…
Arias v. NICE Actimize, LTD.
Untimely SOX complaint dismissed
Luis Horatio Arias alleged that NICE Actimize retaliated against him in violation of the Sarbanes-Oxley Act after he raised concerns about sales practices and compliance. He filed his OSHA complaint about eleven months after his April 2023 termination, beyond SOX’s 180-day deadline. The Board…
Matter of E-N-N-
Withholding decision remanded
The Department of Homeland Security appealed an Immigration Judge's decision granting withholding of removal to a Cameroonian respondent. The Board found clear error in the Immigration Judge's credibility analysis because the decision did not address inconsistencies and implausibilities in the…
Rupp v. West Starr Aviation, LLC
AIR21 settlement approved
Daniel Rupp alleged that West Starr Aviation retaliated against him in violation of AIR21. After an ALJ dismissed the claim and Rupp appealed, the parties reached a settlement and asked the Board to approve it. The ARB found the agreement fair, adequate, reasonable, and consistent with the public…
Secretary of Labor v. Rulon Harper Construction, Inc.
Unsupported settlement reductions rejected
The Secretary and Rulon proposed settlements covering ten citations and orders, with large reductions in gravity, negligence, significant-and-substantial designations, and penalties. The proposed total penalties would have fallen from $22,944 to $3,936 in one docket and from $22,134 to $7,227 in…
Matter of Z-R-C-N-, et al.
Matter of Z-R-C-N- (BIA ID 4175): motion to reopen denied
The respondents, natives and citizens of Ecuador, asked the Board to reopen their removal proceedings after an earlier appeal was dismissed. They claimed ineffective assistance from a nonattorney who prepared their asylum applications and failed to pursue the appeal. The Board denied reopening…
Matter of Audencio AREVALO-VARGAS
Matter of AREVALO-VARGAS (BIA ID 4174): cancellation order vacated
The Board reviewed the Department of Homeland Security's appeal from an Immigration Judge's grant of cancellation of removal to a citizen of Mexico. The Board held that the respondent's children had aged out and were no longer qualifying relatives because they were over 21. It also held that the…
Pooler Enterprises
Excavation cave-in citation vacated for lack of exposure proof
Pooler Enterprises performed utility and site work at a construction project in Penfield, New York. OSHA amended its original citation to allege that Pooler failed to protect employees from cave-ins in an excavation measuring more than six feet deep, with a proposed penalty of $4,662. The judge…
Matter of Terisita MEDINA MADRID
Matter of MEDINA MADRID (BIA ID 4173): proceedings recalendared and remanded
The Department of Homeland Security appealed an Immigration Judge's refusal to recalendar removal proceedings that had been administratively closed for more than 13 years. The respondent wanted more time to pursue a provisional unlawful presence waiver after marrying a lawful permanent resident and…
Matter of Karen Paola ARANA CASTILLO, et al.
Matter of ARANA CASTILLO (BIA ID 4187): termination vacated and proceedings remanded
The respondents appeared at an initial master calendar hearing, but DHS did not. The Immigration Judge terminated the removal proceedings without taking the respondents' pleadings to the notices to appear or asking whether they sought termination. The Board held that the Immigration Judge was…
Matter of Z-N-L-
Bond order vacated for flight risk
The Department of Homeland Security appealed an Immigration Judge's decision releasing a Chinese respondent from custody on a $7,500 bond. The record gave conflicting information about whether he lived in Oklahoma, where he was apprehended, or California, where his asylum application and proposed…
Global Infection Control Consultants, LLC
In re Global Infection Control Consultants, LLC (EAB FIFRA Appeal No. 26-01C): unregistered antimicrobial pesticide settlement approved
Global Infection Control Consultants, LLC, a Florida company, sold Path-Away antimicrobial products in 116 transactions between January 26, 2020 and February 14, 2024. EPA alleged that the products were unregistered pesticides because their labels and marketing claimed they could control bacteria…
Matter of Julian Santiago PINZON ROZO
Matter of PINZON ROZO (BIA ID 4171): continuance denied and record remanded
The Department of Homeland Security appealed an Immigration Judge's decision continuing removal proceedings for a Colombian respondent who had an approved petition for special immigrant juvenile classification. The respondent's priority date was nearly four years later than the date currently…
Sheffield v. Tyson Foods, Inc.
Appeal dismissed after federal filing
Marcus Sheffield alleged that Tyson Foods fired him after he reported food-safety and workplace-safety concerns. More than 210 days after filing his OSHA complaint, he filed a federal lawsuit asserting the same Food Safety Modernization Act retaliation claim and seeking remedies including lost…
Fields v. Super Ego Holdings
Default judgment affirmed
Marcus Fields alleged that Super Ego Holdings fired him for reporting commercial-vehicle safety concerns protected by the Surface Transportation Assistance Act. The company repeatedly ignored orders to submit a status report and discovery plan, provide initial disclosures, and respond to an order…
Hudson Technologies, Inc.
In re Hudson Technologies, Inc. (EAB CAA Appeal No. 26-02C): advance-notification settlement approved
Hudson Technologies, Inc. operates a refrigerant services company in Woodcliff Lake, New Jersey. EPA alleged that Hudson failed to timely submit advance notification reports for 75 HFC import entries between May 18, 2022, and January 30, 2024. The alleged violations concerned the reporting…
Secretary of Labor v. Kalamazoo Materials, Inc.
Unexplained reopening request denied
Kalamazoo did not contest a proposed penalty assessment within 30 days, and MSHA later sent both a delinquency letter and a warning about escalating unpaid penalties. The company eventually forwarded the warning letter and a list of citations to the Commission, which treated the submission as a…
Secretary of Labor v. Smart Sand, Inc.
Calendaring-error contest reopened
Smart Sand and its counsel decided to contest one citation, but the deadline was not calendared after a paralegal's recent departure. Counsel discovered the missed contest while proactively reviewing MSHA's data system and moved to reopen within two weeks. An affidavit documented the error, and the…
Secretary of Labor v. Trap Rock & Granite Quarries, LLC
Personnel-transition default reopened
Trap Rock defaulted after the site superintendent handling the penalty case left the company and the replacement superintendent did not know about the proceeding. The Secretary did not oppose reopening and could not confirm that another company representative received the show-cause order. Trap…
Secretary of Labor v. Leroy's Excavating, Inc.
Unsupported non-receipt claim denied
Leroy's Excavating defaulted after its attorney did not answer the Secretary's penalty petition or the Commission's order to show cause. The company later asserted that neither it nor its attorney received the show-cause order. Commission records showed that the order was sent to the company's…
Lattimore v. Alaska Airlines, Inc.
Interlocutory appeal denied
Manonda Grace Lattimore asked the ARB to review an order that paused discovery and further filings until a presiding ALJ was assigned to her AIR21 case. She did not respond to the Board’s order requiring her to explain why the appeal should proceed, which independently supported dismissal. The…
Matter of R-B-E-
Withholding vacated and CAT claim remanded
The Department of Homeland Security appealed an Immigration Judge's grant of withholding of removal to a Haitian respondent who had suffered past political persecution and later was convicted of conspiracy to commit access device fraud. The Board held that changed conditions had rebutted the…
Matter of TEXPERTS, INC.
Withdrawn petitions may still support future fraud findings
The Administrative Appeals Office reviewed a petition by an information technology staffing company seeking H-1B status for a database administrator. The company withdrew its petition after USCIS raised concerns that it had coordinated with another company to submit multiple lottery registrations…
Prkic v. Sezzle, Inc.
SOX timeliness dismissal reversed
Maria Prkic filed a federal complaint alleging Sarbanes-Oxley retaliation 118 days after Sezzle terminated her, within SOX’s 180-day filing period, but she had not yet filed with OSHA. She later filed with OSHA after Sezzle’s federal-court motion put her on specific notice of the administrative…
Secretary of Labor v. Cargill Incorporated
Unsafe escapeway citation reinstated
Cargill's underground salt mine used a return-air route as a secondary escapeway after blasting, when nitrogen dioxide readings reached as high as 8.2 parts per million. An ALJ vacated MSHA's citation after concluding that the gas level did not make the escapeway unsafe and that Cargill lacked fair…
Matter of D-J-L-
CAT deferral vacated
The Department of Homeland Security appealed an Immigration Judge's grant of deferral of removal under the Convention Against Torture to a Haitian applicant with mental and physical health conditions. The Board held that the expert witness's advocacy history and testimony showed an inability to…
Robles v. Mr. Bults, Inc.
Reconsideration of late STAA complaints denied
Sergio Robles asked the Board to reconsider its dismissal of his STAA retaliation complaints against Mr. Bults, Teamsters 731, and Waste Management. He argued that the Board overlooked facts and misapplied equitable tolling and the continuing violations doctrine. The Board found that he repeated…
United States Department of Homeland Security, United States Customs and Border Protection and American Federation of Government Employees, National Border Patrol Council
U.S. Customs and Border Protection and National Border Patrol Council (FLRA 0-AR-5924): Authority remands for timeliness findings
The National Border Patrol Council alleged that Customs and Border Protection changed a past practice by assigning officials outside the Border Patrol to decide discipline involving Border Patrol agents. An arbitrator found that the agency violated the agreement and federal labor law by making the…
What these documents are
- The agencies: Workplace-safety cases from the Occupational Safety and Health Review Commission (OSHRC), mine-safety cases from the Federal Mine Safety and Health Review Commission (FMSHRC), and environmental permit and penalty appeals from the EPA's Environmental Appeals Board (EAB). Each decision page names its agency.
- Commission and Board decisions: Rulings by the agency's highest review level (the Commission at OSHRC and FMSHRC, 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.