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BALCA rules in favor of employee

BALCA ordered that certification be granted, concluding that individuals “matched” by a State Workforce Agency (SWA) to a job order are not considered applicants for the PERM position because they have not affirmatively applied for the job.

BALCA ordered that certification be granted, concluding that individuals “matched” by a State Workforce Agency (SWA) to a job order are not considered applicants for the PERM position because they have not affirmatively applied for the job.

BALCA reverses denial due to due process

BALCA denial

BALCA remanded the case for certification

BALCA affirms denial based on lack of proof of job order

Board of Immigration Appeals might have jurisdiction over his claim

Ninth Circuit decisions and those of other circuits provided petitioner, who claimed that ineffective assistance of counsel occurred after a final order of removal had been entered, with fair notice and the ability to anticipate that the Board of Immigration Appeals might have jurisdiction over his claim. District court did not err in dismissing habeas corpus petition for failure to satisfy prudential requirement that petitioner exhaust administrative remedies. Singh v. Napolitano – filed August 23, 2010

BIA Just a stepping stone 

BIA appealing 

The BIA ruling 

BIA decisions