Lueleni Maka, Dba Maka's Akamai Service, and Maka's Akamai Service Inc. v. U.S. Immigration & Naturalization Service

Bad Law
904 F.2d 1351·1990 WL 72311·54 Empl. Prac. Dec. (CCH) 40,065·1990 U.S. App. LEXIS 8788
United States Court of Appeals for the Ninth CircuitJune 4, 199089-70030California5,522 words

Opinion

Opinion

Rymer, J.

Maka’s Akamai Service petitions this court to review an order of the Chief Administrative Hearing Officer finding Maka in violation of the Immigration Reform and Control Act of 1986 (IRCA), Pub.L. No. 99-603, 100 Stat. 3359 (1986) (codified in scattered sections of 8 U.S.C.). The order found that Maka had violated § 274A(a)(l)(A) of the Act, 8 U.S.C. § 1324a(a)(l)(A), for unlawfully employing, after November 6,1986, an alien not authorized for employment in the United States. The order also found Maka in violation of § 274A(a)(l)(B) of the Act, 8 U.S.C. § 1324a(a)(l)(B), for failing to comply with the Act’s formal verification requirements. We affirm.

I

Maka is an immigrant alien from Tonga who operates both a tree trimming and ground maintenance business and a farm. On August 27, 1987 an agent for the Immigration and Naturalization Service (INS) made an educational visit to Maka’s residence and furnished a Handbook for Employers. During this visit the agent noted that he “saw about 10 people there. One claimed to be a new hire.”

On August 28, 1987, the INS issued a Notice of Inspection to Maka’s Akamai Service, that was served at Maka’s residence on Maka’s mother on August 31,…

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