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 Pimentel
Voluntary departure denied to a stowaway
A Portuguese citizen entered the United States as a stowaway and conceded that he was deportable. He asked for voluntary departure and appealed after a special inquiry officer denied that relief. The Board said he met the threshold statutory requirement but still needed favorable circumstances to…
Matter of Vilos
Adjustment denied after brother withdrew visa petition
A Greek visitor sought adjustment to permanent residence based on a preference petition filed by his U.S. citizen brother. The brother withdrew the petition before a visa number was allocated and before the adjustment application was approved. The Board held that a preference petition could be…
Matter of Volos
Prior rescission could not be challenged in deportation appeal
A Greek citizen had obtained permanent residence through adjustment of status. A District Director later rescinded that adjustment after the respondent and his attorney missed scheduled meetings. The respondent argued during his deportation case that the rescission had been procedurally invalid, so…
Matter of Frisch
Refugee classification denied under departure requirement
A Yugoslav citizen entered the United States as a student and later applied for refugee classification. She said she did not want to return to Yugoslavia because of her political and religious beliefs. The District Director denied the application on the ground that she had not shown she would face…
Matter of Che
Social worker qualified for third preference classification
The petition sought third preference classification for a Hong Kong beneficiary who held a master's degree in sociology and intended to work as a social worker. The District Director found that social work required a level of education comparable to the professions named in the immigration statute…
Matter of Mahal
Half siblings qualified for family preference petitions
A naturalized citizen petitioned for preference visas for his half brother and half sister, who shared his father but were born to the father's second wife. The district director denied the petitions because the second marriage was polygamous. The Board found that the marriage was legal under the…
Matter of Wong
Family visa petition revocations upheld after prior marriage remained valid
A naturalized U.S. citizen petitioned for immediate relative status for a woman he married in Hong Kong and their three children. He had previously entered a registry marriage with another woman there and claimed that a written Chinese customary divorce ended that marriage. The Board held that he…
Matter of Wong
Adjustment granted after child made no knowing false claim
A woman entered the United States in 1952 at age 13, saying she was the daughter of a U.S. citizen. She later learned that her father was not a citizen, and a special inquiry officer ordered her deported and denied adjustment of status. The Board found that she had presented herself for inspection…
Matter of Sun
Refugee classification denied after firm resettlement
A Chinese citizen fled mainland China in 1949 and lived in Taiwan for about 13 years before coming to the United States. He had served in Taiwan's armed forces and worked for its government. The District Director concluded that he had become firmly resettled there and no longer qualified for…
Matter of Ng
Family visa petitions reopened after blood type retesting
A petitioner sought visa approvals for her parents and three brothers. The District Director denied the petitions because blood tests performed partly in New York and partly in Hong Kong appeared to rule out some of the claimed family relationships. Two experts later agreed that the petitioner and…
Matter of Van Pamelen
Half-sister petition denied under former legitimation rule
A naturalized U.S. citizen petitioned for sibling preference status for his half-sister, with whom he shared a father but not a mother. Both parents had acknowledged his birth outside marriage, but they never married each other. The Board examined Dutch law and found that acknowledgment gave him an…
Matter of Vosganian
Separate check crimes did not form one criminal scheme
A man convicted of larceny and larceny by check argued that his offenses arose from one scheme to obtain money and pay gambling debts. His convictions involved different victims, locations, and courts over several weeks. The Board found that a broad need for money did not make the repeated crimes…
Matter of Izdebska
Petition for a live-in maid denied
A petitioner sought a preference visa for his niece to work as a live-in maid and assist his wife. The proposed job was a full-time daytime position under a Department of Labor certification. The petitioner had previously hired cleaning help only once a month and did not show that the household's…
Matter of Lashkevich
Chilean civil record restores daughter's visa preference
A lawful permanent resident petitioned for a visa preference for his daughter as an unmarried child. The District Director revoked approval because a religious divorce appeared invalid under Chilean law. The daughter produced a Chilean civil record correction stating that she was single and had…
Matter of Palanky
Commercial artist's preference petition denied
A Hungarian artist sought preference immigrant status as a member of the professions or as a person of exceptional ability in the arts. The Regional Commissioner found that his planned work was commercial art, which did not require college or university study for entry and therefore did not qualify…
Matter of Fu
Exchange visitor's earlier admission allowed adjustment application
A woman admitted as an exchange visitor in 1953 sought to apply for permanent residence while a deportation warrant remained outstanding. The special inquiry officer denied reopening because she had not shown that she met or received a waiver of the two-year foreign residence requirement. The Board…
Matter of Sun
Hotel manager qualified for professional preference
A petitioner sought third preference visa classification for a hotel manager born in Hong Kong. The beneficiary had a Cornell bachelor's degree in hotel management and roughly three years of hotel management and related experience. The District Director found that managing a large hotel required…
Matter of Saini
Soil scientist granted third preference visa classification
A petition sought third preference visa classification for a soil scientist from India who was working in Canada and had accepted a U.S. position. He held a Ph.D. in soil science and had worked for the Canadian Department of Agriculture since 1962. The Department of Labor had issued the required…
Matter of Carrubba
Earlier common law marriage was unproved
A U.S. citizen petitioned for immediate relative status for her Italian husband. The district director denied the petition, reasoning that she had entered an earlier common law marriage in Ohio that had never been dissolved. The Board found that living together and appearing as spouses in some…
Matter of Lee
Adopted child lacked two years of residence with parent
A naturalized U.S. citizen sought immediate relative status for a son she said she adopted in China as an infant. He lived with her until she moved to Hong Kong, then lived with her mother. Even counting later visits in the way most favorable to the petitioner, the Board found that he had resided…
Matter of Duncan
Travel lecturer qualified for third preference visa classification
An Australian lecturer sought third preference immigrant classification based on exceptional ability in the arts. She had lectured about her travels since about 1951 and submitted favorable letters and newspaper reviews, as well as evidence of a book and magazine articles. The District Director…
Matter of Gatilao
Exchange visitor's spouse remained subject to two year residence rule
A Philippine citizen entered the United States with a J-2 visa as the spouse of an exchange visitor and remained after his authorized stay expired. He sought adjustment to permanent residence and argued that the two year foreign residence requirement did not apply to spouses. The Board held that…
Matter of Naufahu
Tongan lawyer qualified despite delay in California practice
A Tongan lawyer sought third preference immigrant classification as a member of the professions. The District Director denied his petition after finding that he had abandoned law practice and did not intend to resume it. The Regional Commissioner found that his legal training, licenses, years of…
Matter of Maungoa
Acknowledgment alone did not legitimate daughter under Philippine law
A naturalized United States citizen petitioned for preference quota status for his daughter, who was born out of wedlock in the Philippines. He said he had acknowledged and supported her since birth. The Board assumed she was his natural acknowledged child but held that acknowledgment alone did not…
Matter of Letman
Seasonal worker lacked continuous United States residence
A Jamaican agricultural worker sought a record of lawful permanent residence under section 249, based on employment in the United States dating to 1948. He returned to Jamaica after his temporary work contracts expired, including a five month stay in 1950, but said he intended to live permanently…
Matter of Bienkowski
Experienced economist qualified without a degree
An economist sought professional visa preference classification even though he had never received a university degree. He had studied economics, worked in market research and planning since 1954, and become chief economist for a group of companies that wanted to transfer him to Washington, D.C. The…
Matter of Neely and Whylie
Theft convictions violated visitor status
Two visitors from the Bahamas pleaded guilty to stealing goods in Miami and paid fines instead of serving jail sentences. A special inquiry officer terminated their deportation proceedings because neither had been incarcerated. The Board held that a visitor's theft offense involving moral turpitude…
Matter of Rabbani
Pharmacist qualifies for professional visa preference
A petition sought third preference visa classification for a pharmacist trained in Iran. The U.S. Office of Education evaluated his Doctor of Pharmacy degree as equivalent to an undergraduate pharmacy degree from an accredited U.S. institution. He had worked as a pharmacist since 1941 and later…
Matter of Sun
Renewed motion to reopen deportation case denied
A Chinese former nonimmigrant government employee moved to reopen deportation proceedings to seek withholding of deportation to Formosa and suspension of deportation. The Board had previously rejected reopening on substantially the same facts. It held that his fear of punishment for allegedly…
Matter of Delis
Language teaching diploma did not establish professional classification
A Greek language teacher sought third preference immigrant classification as a member of the professions. She held a diploma from St. Basil's Academy Teachers' College and had taught Greek at a parochial school, but did not have a bachelor's degree or specialized training in teaching. The Regional…
Matter of Chang
Hong Kong civil marriage required a valid divorce judgment
A United States citizen petitioned for immediate relative status for the man she married in New York in 1965. He had married another woman by Chinese custom in 1934 and had entered a civil marriage with that same woman in Hong Kong in 1962. The couple signed a mutual divorce agreement in 1964, but…
Matter of Rodriguez
Spanish citizen who fled Cuba qualified for refugee status
A Spanish citizen who had lived permanently in Cuba sought refugee classification and adjustment to permanent residence in the United States. She said she fled Cuba because of her political beliefs and did not want to return under its Communist government. The District Director denied her…
Matter of Roldan
Dietitian qualified for third preference classification
A Philippine citizen sought third preference immigrant classification as a professional dietitian. She held a master's degree in foods and nutrition and had worked as a dietitian at hospitals in Connecticut and Canada. The District Director found that dietetics required substantial specialized…
Matter of Alfonsin
Visa questions belonged before the consul
An Argentine national conceded that he had entered without a valid immigrant or nonimmigrant visa. A special inquiry officer granted voluntary departure and ordered deportation if he did not leave. The respondent asked the Board to reopen proceedings so he could examine and refute information about…
Matter of Chouinard
Credit card conviction supported deportation order
A special inquiry officer ordered a Canadian resident deported after two Michigan convictions, one for simple larceny and one for unauthorized credit card use. The officer certified the question of whether the credit card offense involved moral turpitude. The Board held that an intent to defraud…
Matter of Chu
Business graduate qualified for third preference despite sales job
A Chinese citizen with a United States bachelor's degree in business administration sought third preference immigrant classification as a member of the professions. A district director denied his petition because he was working as an office equipment salesman, a job classified as nonprofessional…
Matter of Padilla-Munoz
Suspension of deportation remained unavailable
A Mexican national who entered without inspection sought suspension of deportation. The special inquiry officer denied suspension but permitted voluntary departure and ordered deportation if he failed to leave. On appeal, the respondent argued that his work as a farm laborer would keep him from…
Matter of Ting
Crewman's U.S. residence qualified for registry
A Chinese crewman entered the United States in 1945, then sailed on American ships and returned as a crewman at least 33 times through 1953. A special inquiry officer found him deportable for overstaying, suspended deportation, and denied his application for a record of lawful permanent residence…
Matter of Hira
Hong Kong clothing representative qualified as a business visitor
An Indian citizen working for a Hong Kong clothing maker took orders and measured customers during temporary visits to the United States. A special inquiry officer found him deportable because those activities allegedly exceeded his business visitor status. The Board found that he did not solicit…
Matter of SS. Castel Felice
Late passenger manifests led to carrier fines
Navcot Corporation faced $11,310 in fines after the SS. Castel Felice's passenger departure manifests reached immigration officials 34 days after the ship left New York. The carrier said its agents mailed the manifests from Southampton and that they apparently were lost, but the Board found no…
Matter of Legaspi
Brief Mexico trip led to entry without inspection
A Philippine citizen admitted as a temporary visitor remained after his permitted stay expired. Following a short visit to Mexico, he was refused admission at the border because he lacked the required document, then returned through an exit gate without inspection. He argued that his brief trip did…
Matter of Locicero
False tax returns defeated adjustment eligibility
The immigration service rescinded an Italian citizen's 1960 adjustment of status because it found he lacked good moral character at the time. The Board found that he had fraudulently understated his income on joint tax returns for 1958 and 1959 to avoid substantial taxes. It held that dismissal of…
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…
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.