Efrain Inocencio Vega v. BFS Asset Holdings LLC

UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW OFFICE OF THE CHIEF ADMINISTRATIVE HEARING OFFICER 19 OCAHO no. 1534 EFRAIN INOCENCIO VEGA, Complainant, v. BFS ASSET HOLDINGS LLC, Respondent. March 18, 2024 8 U.S.C. § 1324b Proceeding OCAHO Case No. 2023B00083 Appearances: Cassandra Blake, Esq. and Jamie Trinkle, Esq., for Complainant Jennifer Roeper, Esq. and Stephanie C. Generotti, Esq., for Respondent ORDER EXTENDING SETTLEMENT OFFICER PERIOD This case arises under the antidiscrimination provisions of the Immigration and Nationality Act (INA), as amended, 8 U.S.C. § 1324b. On August 22, 2023, Complainant Efrain Inocencio Vega filed a complaint with the Office of the Chief Administrative Hearing Officer (OCAHO) asserting a claim of unfair documentary practices arising under 8 U.S.C. § 1324b against Respondent BFS Asset Holdings, LLC. On October 27, 2023, this Court received Respondent’s Answer.

On January 4, 2024, this Court referred this case to OCAHO’s Settlement Officer Program, pursuant to Policy Memorandum 20-16, for 60 days, to begin January 15, 2024, and end March 15, 2024.1 The Court designated Administrative Law Judge (ALJ) John Henderson as the settlement officer in this matter. On March 18, 2024, with the consent of the parties, ALJ Henderson requested a 14-day extension to continue the parties’ settlement negotiations. Section II.D.2 of the Policy Memorandum 20-16 states that, “with the consent of the parties, the settlement officer may, in his or her discretion, seek to extend the time period for negotiations for 1 https://www.justice.gov/eoir/page/file/1300746/download 19 OCAHO no. 1534 a reasonable amount of time, not to exceed an additional thirty (30) days.” It specifies that the settlement officer shall seek approval of the extension of time from the presiding ALJ, and provides that, “[i]f an extension of the negotiation period is appropriate, the presiding ALJ shall issue an order extending the period of settlement negotiations and specifying whether and to what extent the procedural deadlines in the case continue to be stayed.” Id. The Court finds that a 14-day extension of time for settlement negotiations is reasonable and appropriate in this case. Accordingly, the settlement officer’s request for a 14-day extension of time is GRANTED.

This case’s referral to OCAHO’s Settlement Officer Program is extended until March 29, 2024. All deadlines in this matter are stayed until the expiration of the settlement program. Should the parties reach a settlement, the parties shall inform the undersigned of such settlement through a filing that requests dismissal of the case, see 28 C.F.R. § 68.14(a)(2).

SO ORDERED.

Dated and entered on March 18, 2024. ______________________________ Honorable Jean C. King Chief Administrative Law Judge 2