Denial Upheld but Irregularities
At CO’s Office Raise Objections

Italian Importing Company, 97-INA-461 (BALCA, October 5, 1999)

The C.O. questioned the employer’s ability to pay the wages. The employer’s rebuttal information did not directly address the issues, however, the record also showed that certain irregularities had occurred. First, the CO had misplaced rebuttal documents and did not locate them until after the Final Determination was issued. Second, an Alien Certification Specialist had issued a "Memo to File," indicating that the additional documentation would not make any difference in the outcome. The judge concurred in the denial but raised procedural objections: "There is no indication that this specialist has been delegated the authority of the CO, and this after-the-fact rationalization raises due process concerns." (Denied, Region IX).

Reprint No: 99111574