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143717P.pdf 12/14/2015 Greater MO Medical P.C.P. v. Thomas E. Perez
U.S. Court of Appeals Case No: 14-3717
U.S. District Court for the Western District of Missouri - Joplin
[PUBLISHED] [Riley, Author, with Bye and Gruender, Circuit Judges]
Civil case - Immigration and Nationality Act. The Secretary's broad
interpretation of his authority to investigate an aggrieved party
complaint under 8 U.S.C. Sec. 1182(n)(2)(A) is inconsistent with the
statute's plain language and structure and has the practical effect of
converting every aggrieved-party request into a comprehensive compliance
review without the procedural safeguards of 8 U.S.C. Sec 1182(n)(2)(G)(i);
the Administrative Review Board's findings and penalties in this case were
based entirely on the Secretary's unauthorized investigation of matters
other than the initial allegation that the employer penalized the
complainant for quitting before her contract ran out and they are set
aside; remanded to the district court for proceedings consistent with the
opinion.