General Dynamics Corporation v. United States of America Office of the Chief Administrative Hearing Officer

OVERVIEW

General Dynamics Corp. (“General Dynamics”) petitions for review from the decision of the Administrative Law Judge (“ALJ”), Executive Office for Immigration Review, denying General Dynamics’s request for attorney’s fees. General Dynamics successfully defended against an action brought by the United States alleging that General Dynamics engaged in a pattern or practice of citizenship status discrimination in violation of the Immigration Reform and Control Act of 1986 (“IRCA”), 8 U.S.C. § 1324b. After holding an evidentiary hearing, the ALJ ruled in favor of General Dynamics and dismissed the government’s complaint. The ALJ, however, denied General Dynamics’s request for attorney’s fees after determining the statutory prerequisite to a fee award had not been satisfied.

We have jurisdiction pursuant to 8 U.S.C. § 1324b(i). Because we are unable to detect a waiver of sovereign immunity that would allow General Dynamics to recover attorney’s fees from the United States, we deny the petition for review.

BACKGROUND

1. Statutory Framework

The IRCA addresses two very different immigration problems. Section 1324a imposes sanctions against employers who knowingly hire or…