Noel Plastering, Stucco, Inc. v. Office of Chief Administrative Hearing Officer, U.S. Dept. of Justice, Executive Office for Immigration Review

15 F.3d 1088 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. NOEL PLASTERING, STUCCO, INC., Petitioner, v. OFFICE OF the CHIEF ADMINISTRATIVE HEARING OFFICER, UNITED STATES DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, Respondent. No. 92-70532. United States Court of Appeals, Ninth Circuit. Submitted Dec. 17, 1993. * Decided Dec. 27, 1993. 1 Before: SKOPIL, THOMPSON, and RYMER, Circuit Judges 2 MEMORANDUM ** 3 Petitioner Noel Plastering was determined to have violated the Immigration Reform and Control Act of 1986 (IRCA), 8 U.S.C. Secs. 1324a-1324c (1988), by employing aliens not eligible for employment and by failing to comply with record keeping provisions of the Act. Noel Plastering contends in its petition for review that the administrative law judge erred by (1) concluding that it had constructive knowledge of the employees' unauthorized status, and (2) failing properly to consider the statutory factors before assessing a penalty. We reject these…