CAHO McHenry Invites Amicus Briefing: USA v. Corrales-Hernandez

USA v. Corrales-Hernandez

"[T]he undersigned will address whether a violation of 8 U.S.C. § 1324c(a)(2) for the knowing use of a forged, counterfeit, altered, or falsely made document in order to obtain employment and complete the employment eligibility verification Form I-9 constitutes a “continuing violation” for the duration of employment at the employer to whom the document was presented or, alternatively, whether the knowing use occurs only at the time the document is presented to obtain employment and complete the employment eligibility verification Form I-9. ... Additionally, because the issue of whether a violation of 8 U.S.C. § 1324c(a)(2) in the context of the instant case is a continuing violation appears to be an issue of first impression for OCAHO and because the Respondent is proceeding pro se, I have determined, in the exercise of discretion, that it is appropriate to invite amicus curiae to submit briefing on the issue outlined above. ... In order to provide the parties with an opportunity to respond to any amicus briefs and to comply with the statutory timeframe for administrative reviews, 8 U.S.C. § 1324c(d)(4), amicus briefs must be submitted by February 27, 2023, using one of the expedited delivery methods outlined in 28 C.F.R. § 68.54(c) and § 68.6(c)."