DLS Precision Fab LLC v. ICE, No. 14-71980 (9th Cir. 2017)
Annotate this CaseDLS petitioned for review of the ALJ's decision finding DLS liable for numerous violations of sections of the Immigration and Nationality Act (INA), 8 U.S.C. 1324a(b), which requires employers to verify that their employees are legally authorized to work in the United States. The ALJ also ordered DLS to pay civil money penalties. In regard to the ALJ's finding that DLS was liable for section 504 violations, the panel held that one charge was untimely under the applicable statute of limitations, so that violation could not stand. The panel denied the petition for review as to the ALJ's finding of the other 503 violations because DLS was not entitled to good faith defenses, and as to the ALJ's determination of the penalty amount.
Court Description: Immigration. The panel granted in part and denied in part DLS Precision Fab LLC’s petition for review of an administrative law judge’s (“ALJ”) decision finding DLS liable for 504 violations of 8 U.S.C. § 1324a, which requires employers to verify that their employees are legally authorized to work in the United States and prohibits employers from knowingly continuing to employ aliens who are not authorized to work. The panel granted the petition as to one violation because the charge was untimely under the statute of limitations. The panel denied the petition as to the other 503 violations, concluding that DLS was not entitled to good faith defenses. The panel also denied the petition as to the ALJ’s summary determination of a penalty in the amount of $305,050, concluding that DLS’ ability to pay was not a material issue of fact that would preclude summary determination of the penalty amount because it was within the power of the ALJ to decline to consider the factor at all. Concurring in part and dissenting in part, Judge Clifton disagreed with the majority’s conclusion regarding summary determination of the penalty. Judge Clifton wrote that the determination of the penalty on the equivalent of summary judgment was improper because there was a material, unresolved factual issue regarding the ability of DLS to pay the penalty. He would grant the petition as to the amount of DLS PRECISION FAB V. ICE 3 the penalty and remand that issue to the agency for further proceedings.
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