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DLS Precision Fab v. ICE, Aug. 7, 2017 -
Court staff summary:
"The panel granted in part and denied in part DLSPrecision Fab LLC’s petition for review of an administrativelaw judge’s (“ALJ”) decision finding DLS liable for 504violations of 8 U.S.C. § 1324a, which requires employers toverify that their employees are legally authorized to work inthe United States and prohibits employers from knowinglycontinuing to employ aliens who are not authorized to work.The panel granted the petition as to one violation becausethe charge was untimely under the statute of limitations. Thepanel denied the petition as to the other 503 violations,concluding that DLS was not entitled to good faith defenses.The panel also denied the petition as to the ALJ’s summarydetermination of a penalty in the amount of $305,050,concluding that DLS’ ability to pay was not a material issueof fact that would preclude summary determination of thepenalty amount because it was within the power of the ALJto decline to consider the factor at all."