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 R—
Earlier sham marriage barred a new visa petition
A naturalized United States citizen petitioned for nonquota immigrant status for her Portuguese husband. He had previously obtained that status through a marriage to another United States citizen. After a hearing, an immigration official determined that the earlier marriage was entered into to…
Matter of S—
Five-year rescission limit did not bar exclusion review
An applicant sought readmission as a permanent resident after obtaining a 1955 adjustment of status. Immigration officials alleged that he had secured his original 1949 visa by fraud. A special inquiry officer and the Board concluded that the government could no longer raise that ground because…
Matter of M—
Third orphan visa petition denied under historical two-child rule
A couple sought nonquota immigrant classification for a third orphan whom they planned to adopt in the United States. They had already brought two orphans into the country under earlier special statutes and adopted them. The couple argued that the newer statute limited the number of approved…
Matter of C—
Attorney could not appeal a revoked visa petition for an absent petitioner
The Immigration and Naturalization Service revoked an approved visa petition for a nonquota immigrant beneficiary. The petitioner received notice, but her former attorney said he could not locate her and filed an appeal while continuing to represent the beneficiary. The Board held that 8 C.F.R. §…
Matter of S—
Adoption barred preference petitions for natural parents
A naturalized U.S. citizen petitioned for preference quota immigrant visa status for his natural parents, who lived in the Soviet Union. He had been legally adopted in Israel at age 13 and had lived in the custody of his adoptive parents for years. The Board held that the adoption provisions of the…
Matter of B—
Family upbringing did not establish a legal adoption
A naturalized United States citizen sought preference quota status for his married niece, whom he and his wife had raised in the Netherlands Antilles. The visa petition depended on showing that she was his legally adopted daughter. The Board had previously returned the case for evidence of a…
Matter of G—
Hungarian law gave a child equal legal status after paternity was acknowledged
A permanent resident petitioned for third preference immigration status for his son, who was born in Hungary outside marriage. The district director denied the petition because the son's qualifying parent-child relationship had not been established. The Board examined Hungarian laws that had…
Matter of M—C—
Board upheld a 1961 exclusion ruling based on voting in Mexico
The applicant was born in Kansas and also held Mexican nationality through his parents. He had lived in Mexico since 1932 and testified that he voted there in the 1952 and 1960 elections. In this 1961 decision, the Board applied the expatriation provisions then cited in the case and held that his…
Matter of T—
Court-appointed guardian could file a spouse visa petition
A United States citizen's court-appointed guardian filed a visa petition for the citizen's wife. The district director first approved it, then revoked the approval on the ground that a guardian could not file for a citizen adjudged unable to act for himself. The Board concluded that section 205…
Matter of S—
Peruvian homicide conviction supported deportation charges
A Mexican citizen was convicted in Peru under a homicide provision after he killed a woman in 1950. The Peruvian court found that he had not intended to kill her. The Board compared the language of that provision with United States voluntary manslaughter law and held that intent to kill was not…
Matter of N—
Undisclosed arrest made a visa misrepresentation material
An Irish immigrant was arrested in England on an embezzlement charge three days before he applied for a United States visa. The Board found that he knowingly failed to disclose the arrest on the visa application. It held the omission material because the consular officer would have delayed issuing…
Matter of N—
Citizen retained nationality despite residence in Canada
A woman born in Scotland entered the United States as a child and derived citizenship through her father's naturalization. She later lived in Canada for more than five years, which raised a question about loss of nationality under the law then in force. Congress amended the law in 1959 to protect…
Matter of C—A—
Unaware citizen did not lose citizenship by using Cuban passport
An applicant born in Cuba had a claim to United States citizenship through his father, who was born in the United States. Immigration officials argued that using a Cuban passport after December 24, 1952, had cost him that citizenship under the law governing dual nationals. The applicant testified…
Matter of E—
A two-day visit met the mother's residence requirement
Two siblings born in Mexico applied for certificates recognizing United States citizenship acquired through their mother. She was a United States citizen who had visited the United States for about two days before either child's birth. The Regional Commissioner held that this short visit met the…
Matter of D—S—, Inc.
Shoe repair firm did not prove urgent need for specialist
A company operating 19 shoe repair shops sought first preference immigration status for an Italian worker it proposed to employ as an orthopedic shoemaker and designer. The Service found that the shops mainly performed ordinary shoe repairs, and only one shop repaired about two pairs of orthopedic…
Matter of S— and B—C—
Attorney General set a common test for material immigration misstatements
In one case, an applicant concealed his former Communist Party membership, which he said was involuntary. In the other, a man used his nephew's name for earlier agricultural worker entries and omitted that history from a later visa application. The Attorney General held that a misstatement is…
Matter of C—M—
Adult criminal conviction barred voluntary departure
A Mexican citizen entered the United States as a child without an immigration visa. He later sought voluntary departure instead of deportation. He committed a kidnapping offense in California at age 17 but was convicted in the Superior Court after turning 18. The Board held that California law did…
Matter of Y—J—G—
Adult son retained eligibility for a nonquota visa
A permanent resident petitioned for immigration preference for his unmarried son, but the son turned 21 while waiting for a visa and lost the child category that initially supported the petition. Congress later expanded the third preference category to include unmarried adult sons and daughters…
Matter of H—
Michigan justice court could not undo conviction after sentence
A German permanent resident had been convicted in Michigan of malicious destruction of property and later larceny. After a deportation order, the first court vacated its conviction, and a special inquiry officer terminated the deportation proceedings. The Board held that the justice court had no…
Matter of T—
Commissioner granted adjustment after a false citizenship claim
A woman from China appealed the denial of her application to adjust her immigration status. She had entered the United States after falsely claiming citizenship, and the Commissioner assumed for this decision that she knew the claim was false. He held that her appearance before an immigration…
Matter of S—
Existing first marriage defeated a spouse visa petition
A naturalized United States citizen sought a nonquota immigrant visa for a man she had married in New York. The district director denied the petition because the man had married another woman only months earlier and had shown no termination of that marriage. The petitioner argued that her…
Matter of S—
Invalid Turkish religious divorce defeated nonquota spouse status
A Turkish citizen entered the United States with a nonquota immigrant visa based on his marriage to a United States citizen. He had previously obtained a religious divorce in Turkey from his first wife. Turkish authorities reported that the divorce had no legal validity because Turkish law required…
Matter of C—
Later change in adoption rule did not restore nonquota visa status
A naturalized citizen petitioned for nonquota immigration status for his adopted son. The Board had denied the petition under its then governing rule requiring legal custody and residence with both adoptive parents. The Attorney General later changed that interpretation, but the son had already…
Matter of E—
SEC reporting conspiracy sustained deportability
A citizen of the United Kingdom, born in China, appealed a deportation order after a federal jury convicted him of conspiring to defraud the United States through false or delayed securities reports. The Board held that it was bound by the criminal conviction record and could not retry the case. It…
Matter of H—
Dual citizen retained United States nationality despite Canadian citizenship acts
A man born in Detroit to Canadian parents had citizenship in both countries at birth and grew up in Canada. To keep his Canadian citizenship, he signed a United States citizenship renunciation before a Canadian notary and obtained a Canadian citizenship certificate. The Board held that these acts…
Matter of H—V—
Federal youth correction commitment was a final narcotics conviction
A Mexican citizen who had lived continuously in the United States pleaded guilty in federal court to illegally importing narcotics. Instead of an ordinary sentence, the court committed him to the Attorney General for treatment and supervision under the Federal Youth Corrections Act. The Board held…
Matter of K—W—S—
Attorney General affirmed visa preference for a half brother
A naturalized United States citizen petitioned for fourth preference immigrant status for her half brother, born to their father and one of his concubines in China. The district director denied the petition because the claimed relationship was not satisfactorily established. The Board found the…
Matter of R—
Board upheld deportation under a 1952 Act exclusion
A German citizen appealed an order requiring his deportation after the immigration service alleged that he was excludable when he last entered the United States. The Board held that the 1952 immigration law’s then-existing “psychopathic personality” exclusion covered exhibitionism. It relied on the…
Matter of M—
Board upheld deportation after voluntary Cuban army service
A man born in Wisconsin joined Cuban revolutionary forces in 1958, returned to the United States, then went back to Cuba after the new government took power. He resumed his captain's rank and served in the Rebel Army without protest. The Board held that the government had proved voluntary service…
Matter of C—C—
Board upheld admission after applicant changed employers
A Mexican applicant arrived with a nonquota immigrant visa, but the employer named in his support documents was on the Secretary of Labor’s list of employers ineligible to contract Mexican workers. A special inquiry officer initially excluded him. The Board reopened the case so he could find…
Matter of G—Q—
Board denied another request to reopen deportation proceedings
The Board had found that the respondent voluntarily and meaningfully belonged to the Communist Party, and a court of appeals had affirmed the deportability finding. He sought another reopening to testify that he neither advocated forceful overthrow of the government nor knew the Party advocated it…
Matter of P—
Board upheld deportability after a crewman went ashore without permission
An Italian crewman went ashore in Baltimore after immigration officers inspected him and refused him permission to land. The Board initially found that the charge of entry without inspection could not stand because he had been inspected, and it sent the case back for a suitable charge. After a new…
Matter of E—
Board denied discretionary suspension of deportation
An Italian citizen who had lived in the United States since 1916 conceded deportability based on two robbery convictions and requested suspension of deportation. He pointed to his long residence, marriage to a U.S. citizen, business, and asserted rehabilitation. The Board considered those factors…
Matter of H—
Board rejected the sentence charges and reopened proceedings
A Michigan court granted a new trial after the respondent had served more than a year of an 18-month to 15-year sentence. On a new guilty plea, the court placed him on probation for ten months. The Board held that the new trial vacated the earlier sentence, so the respondent had no existing…
Matter of P—
Board found citizenship at birth despite father's automatic reacquisition of Italian nationality
The petitioner sought approval of a visa petition after a district director found that his father had lost United States citizenship before the petitioner's birth in Italy in 1914. The father had automatically reacquired Italian nationality under Italian law and later traveled on an Italian…
Matter of A—
Board required a deportation hearing after a stowaway escaped custody
A Greek stowaway was ordered detained aboard a vessel in New York but escaped through a porthole and remained in the United States for nearly two years. A special inquiry officer ended the deportation proceedings, reasoning that the original order to detain and deport the stowaway still controlled…
Matter of S—
Tailor lacked five years of experience after age 21
A clothing retailer petitioned for first preference immigrant status for a 24-year-old tailor. His former employer described more than seven years of journeyman work, but the Service required five years of qualifying experience after age 21. The Assistant Commissioner found that the tailor did not…
Matter of SS ‘San Marco IV’
Matter of SS “San Marco IV” (BIA ID 1153): Board rejected a vessel agent's fine for unpaid deportation expenses
The Immigration and Naturalization Service assessed a $300 fine against a company that had served as a vessel's bunkering agent in 1953. The fine followed the company's refusal to pay $275 in expenses for deporting a crewman in 1959. The Board held that the statute made the vessel's owners…
Matter of V—R—
Last failure to register set the ten year clock for suspension eligibility
A man who had entered the United States as a stowaway sought reconsideration of the denial of his application for suspension of deportation. He argued that his failures to comply with alien registration rules made him deportable on a ground that could qualify him for relief and that his ten year…
Matter of K—
High Commissioner's executive pardon ended deportation proceedings
A woman admitted to the United States as a displaced person faced deportation because of an earlier conviction in a U.S. military court in Germany. The U.S. High Commissioner for Germany later issued a general amnesty and pardon covering that conviction and sentence. The Board held that the High…
Matter of Z—
Economic duress prevented loss of U.S. citizenship
A Detroit-born U.S. citizen worked as a music teacher in Israel after his family faced illness and financial difficulties. The government argued that his employment under the Israeli government cost him his U.S. citizenship, making him deportable after he entered the United States on a transit…
Matter of L—L—
Buying an entry card did not establish fraudulent procurement
A Mexican applicant bought an alien registration receipt card from a private stranger and used it to enter the United States in 1959. He later applied for admission with a visa issued by a U.S. consul, having disclosed the earlier entry. The Immigration Service argued that buying and using the card…
Matter of F—
Likely departure within a reasonable time met the immediate means rule
A seaman conceded that he had overstayed his permitted time in the United States. A special inquiry officer denied voluntary departure because he could not immediately enter another country. His lawyer described efforts to obtain travel documents and employment on a shipping line based in Trinidad…
Matter of J—J—
Court dismissal with prejudice supported deportation order
A man born in China entered the United States as a nonimmigrant with a certificate of identity so he could pursue a court action claiming U.S. citizenship. The court dismissed that action with prejudice, and he remained after being notified to depart. A special inquiry officer terminated…
Matter of L—
Ontario public school employment led to exclusion
A man born in Detroit and raised in Canada sought admission to the United States as a citizen. He had worked as a public school teacher for the London, Ontario, Board of Education and also held Canadian citizenship. After reviewing evidence about his employment, the special inquiry officer found…
Matter of S—
Divorce was not final when the couple married
A naturalized U.S. citizen petitioned for nonquota status for a man she had married in New Hampshire. He had obtained a Massachusetts decree nisi ending his prior marriage nine days before their ceremony. The Board explained that the decree would not become final for six months, so his prior…
Matter of P—
Attorney General reversed deportation order after valid court recommendation
A New York court vacated a 1959 conviction and, after a new guilty plea, recommended that the respondent not be deported. The Board treated the recommendation as too late and ordered deportation. On review, the Attorney General held that the relevant question was the court's reason for vacating the…
Matter of C—Y—L—
Blood tests defeated citizenship claim, but voluntary departure was allowed
The respondent had entered the United States as a citizen in 1947, claiming two accompanying people were his parents. Later blood grouping tests, repeated at two laboratories, showed that neither the ABO nor the MN blood types could support the claimed relationship. The Board found the tests…
Matter of M—C—
Petty offense finding did not overcome missing entry visa
The respondent had been convicted of statutory rape under a California law that allowed a felony or misdemeanor sentence. Because the court imposed a suspended six month county jail sentence and a fine, the Board classified the conviction as a petty offense under the relevant federal rule. The…
Matter of C—
Father's acknowledgment did not yet legitimate son under Michigan law
A naturalized U.S. citizen sought nonquota status for his son, who was born in Italy outside marriage. The father had acknowledged paternity before an Italian vice consul in Michigan and recorded that act in Italy. The Board held that acknowledgment alone did not legitimate the child under Italian…
Matter of Yacht Caribbean Star
Temporary crewman trip did not trigger vessel fine
The owners of a British charter vessel faced a $500 fine after its mate received earned wages and an advance, then traveled to Nassau for papers needed for promotion to master. He intended to return to the vessel after repairs, but hurricane damage delayed its return to service. The Board found no…
Matter of F—
Wife and adopted daughter qualified for visa preference
A permanent resident sought visa preference for his wife and their adopted daughter, but the district director questioned both relationships. The wife's earlier marriage had been annulled in Germany after she married the petitioner in Belgium. With no Belgian law showing a different effect, the…
Matter of S—
Socialist Workers Party membership supported deportability
The Board held that the Socialist Workers Party advocated the overthrow of the United States Government by force, violence, or other unconstitutional means between 1938 and at least February 1947. The respondent's membership from about 1938 through 1955 was meaningful because he knew the Party's…
Matter of A—
Adjustment denied as a matter of discretion
A former United Arab Republic consular employee sought adjustment to permanent resident status after his government ordered him to return home. His government accused him of misappropriating consular funds, but he had not been convicted or admitted committing a crime. The Regional Commissioner held…
Matter of J—
Visa petitions denied for three children
A naturalized United States citizen petitioned for quota preference or nonquota status for his three children born in British Guiana outside marriage. He acknowledged paternity, had supported them, and submitted documents changing the two sons' names. The Board held that British Guiana law required…
Matter of C—
Acknowledgment and later adoption did not confer child status
A naturalized United States citizen petitioned for a visa classification for his son, who was born outside marriage in Portugal. The father acknowledged the child there and obtained a Massachusetts adoption decree when the son was 17. The Board held that Portuguese acknowledgment did not legitimate…
Matter of A—
Unsigned form without fee did not meet suspension deadline
An Italian man found deportable as a stowaway sought suspension of deportation. Before the statutory deadline, his lawyer gave an investigator an unsigned copy of the suspension form, without the required fee, to supply address and work history. The Board held that this did not amount to a timely…
Matter of C—H—
Paroled applicant's adjustment approval affirmed
A Guatemalan visitor arrived with a valid visitor visa but intended to remain permanently, so an officer paroled her into the United States for an exclusion hearing. Before the resulting exclusion order was carried out, she applied to adjust to permanent resident status. The Regional Commissioner…
Matter of T—
Exchange visitor deportable after unauthorized transfer
A Turkish exchange visitor transferred between hospital programs without the Immigration Service's permission. The Service revoked a previously granted extension of stay after learning of the transfer and gave him time to depart, but he remained. The Board held that the Service could revoke an…
Matter of W—K—W—
Adverse nationality judgment requires deportation
The respondent entered the United States in 1952 to pursue a federal suit claiming U.S. nationality. The district court ruled against his claim, and the court of appeals affirmed. After the Immigration Service directed him to leave, he remained in the country. The Board held that the adverse court…
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.