United States Ninth Circuit

The petition for review from an Administrative Law Judge's (ALJ) decision which upheld the defendant's finding that petitioner violated the Immigration and Nationality Act and the resulting civil penalty is denied, where: 1) petitioner violated 8 U.S.C. section 1324a(b), which requires employers to verify that their employees are legally authorized to work in the United States; 2) it is neither arbitrary nor capricious to require that employers complete Employment Eligibility Verification Forms (I-9 Forms), and copying and retaining documents is neither necessary nor sufficient for compliance; and 3) the penalties were imposed for substantive deficiencies on the I-9 Forms themselves, and the ALJ's refusal to reduce the penalty was neither arbitrary nor capricious.

Appellate Information

• Decided 08/06/2013
• Published 08/06/2013

Judges

• TASHIMA

Court

• United States Ninth Circuit

Counsel