Faustin Gneze Zohouidy v. The Georgia Department of Labor

UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW OFFICE OF THE CHIEF ADMINISTRATIVE HEARING OFFICER 18 OCAHO no. 1480 FAUSTIN GNEZE ZOHOUIDY, Complainant, v. THE GEORGIA DEPARTMENT OF LABOR, Respondent. 8 U.S.C. § 1324b Proceeding OCAHO Case No. 2023B00041 ORDER TO SHOW CAUSE This case arises under the antidiscrimination provisions of the Immigration and Nationality Act (INA), as amended, 8 U.S.C. § 1324b. Complainant, Faustin Gneze Zohouidy, filed a complaint with the Office of the Chief Administrative Hearing Officer (OCAHO) on February 2, 2023. Complainant alleges that Respondent, the Georgia Department of Labor, violated 8 U.S.C. § 1324b(a)(5).

This office sent Respondent a Notice of Case Assignment Regarding Unfair Immigration- Related Employment Practices (NOCA) and a copy of the Complaint on February 6, 2023, via certified U.S. mail. The NOCA directed that an answer was to be filed within 30 days of receipt of the Complaint, that failure to answer could lead to default, and that proceedings would be governed by U.S. Department of Justice regulations.1 The U.S. Postal Service website indicates service of the NOCA on Respondent on February 10, 2023, making Respondent’s answer due no later than March 13, 2023. See 28 C.F.R. §§ 68.3(a), 68.9(a). Respondent did not file an answer by that date.

Under the OCAHO Rules of Practice and Procedure, to contest a material fact alleged in the complaint or a penalty assessment, a respondent must file an answer. 28 C.F.R. § 68.9(c). Failure to file an answer “within the time provided may be deemed to constitute a waiver of his or her right to appear and contest the allegations of the complaint. The Administrative Law Judge may enter a judgment by default.” 28 C.F.R. § 68.9(b).

Further, “failure to respond to an Order may trigger a judgment by default.” United States v. Hotel Valet Inc., 6 OCAHO no. 849, 252, 1 OCAHO Rules of Practice and Procedure, 28 C.F.R. pt. 68 (2023). 18 OCAHO no. 1480 254 (1996).2 “If a default judgment is entered, the request for hearing is dismissed, AND judgment is entered for the complainant without a hearing.” Nickman v. Mesa Air Grp., 9 OCAHO no. 1106, 1 (2004). Accordingly, Respondent is ORDERED to file an answer, pursuant to 28 C.F.R. § 68.9(c), within 21 days of the date of this Order. Respondent is FURTHER ORDERED to file a submission that demonstrates good cause for its failure to timely file an answer, within 21 days of the date of this Order.

Should Respondent fail to file to respond as ordered or cannot show good cause, the Court may enter a default judgment against Respondent, pursuant to 28 C.F.R. § 68.9(b).

SO ORDERED.

Dated and entered on April 19, 2023. _________________________ Honorable John A Henderson Administrative Law Judge 2 Citations to OCAHO precedents reprinted in bound Volumes 1 through 8 reflect the volume number and the case number of the particular decision, followed by the specific page in that volume where the decision begins; the pinpoint citations which follow are thus to the pages, seriatim, of the specific entire volume. Pinpoint citations to OCAHO precedents subsequent to Volume 8, where the decision has not yet reprinted in a bound volume, are to pages within the original issuances; the beginning page number of an unbound case will always be 1, and is accordingly omitted from the citation. Published decisions may be accessed in the Westlaw database “FIM-OCAHO,” or in the LexisNexis database “OCAHO,” or on the website at http://www.justice.gov/eoir/OcahoMain/ocahosibpage.htm#PubDecOrders. 2