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Keywords

jurisdictionstatuteappealhearingregulationnaturalizationliens
jurisdictionstatuteappealhearingregulationnaturalizationliens

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KPMG Peat Marwick of Puerto Rico v. Immigration and Naturalization Service

Facts

Petitioner was served with a 'Notice of Intent to Fine' by the Immigration and Naturalization Service (INS) for unlawfully employing aliens. On the last day that a request for a hearing could be timely filed, petitioner's counsel mailed, via certified mail, such a request. That request was received by the INS one day out of time. The INS issued a final order directing petitioner to pay a fine of $12,250.00, and the petitioner filed a petition for review.

Petitioner was served with a 'Notice of Intent to Fine' by the Immigration and Naturalization Service (INS) for unlawfully employing aliens. On the last day that a request for a hearing could be timely filed, petitioner's counsel mailed, via certified mail, such a request. That request was received by the INS one day out of time.

Issue

Whether the court has jurisdiction to review the petition given that the request for a hearing was received by the INS one day late.

Whether the court has jurisdiction to review the petition given that the request for a hearing was received by the INS one day late.

Rule

Under 8 U.S.C. 1324a(e)(3), a request for a hearing must be received by the INS within thirty days of the service of the Notice of Intent to Fine, and if not timely received, the order becomes final and unappealable.

Under 8 U.S.C. 1324a(e)(3), a request for a hearing must be received by the INS within thirty days of the service of the Notice of Intent to Fine, and if not timely received, the order becomes final and unappealable.

Analysis

The court found that the request for a hearing was not timely because it was received by the INS one day after the thirty-day deadline. The court noted that the Notice of Intent to Fine clearly stated that the request had to be received within the specified period, and any ambiguity could have been clarified by checking the relevant statutes and regulations. The court rejected the petitioner's arguments regarding the timing of the mailing and the use of a post office box.

The court found that the request for a hearing was not timely because it was received by the INS one day after the thirty-day deadline. The court noted that the Notice of Intent to Fine clearly stated that the request had to be received within the specified period, and any ambiguity could have been clarified by checking the relevant statutes and regulations.

Conclusion

The court concluded that the hearing was not timely requested, and therefore, the subsequent order was final and unappealable. The petition for review was dismissed.

The court concluded that the hearing was not timely requested, and therefore, the subsequent order was final and unappealable. The petition for review was dismissed.

Who won?

The Immigration and Naturalization Service prevailed in the case because the court found that the request for a hearing was not timely filed, thus lacking jurisdiction to review the petition.

The Immigration and Naturalization Service prevailed in the case because the court found that the request for a hearing was not timely filed, thus lacking jurisdiction to review the petition.

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