United States v. JBK Management LLC

UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW OFFICE OF THE CHIEF ADMINISTRATIVE HEARING OFFICER 22 OCAHO no. 1685 UNITED STATES OF AMERICA Complainant, v. JBK MANAGEMENT LLC, Respondent. 8 U.S.C. § 1324a Proceeding OCAHO Case No. 2025A00049 Appearances: Lincoln Jaelian, Esq., for Complainant Donald Wright, for Respondent ORDER TO SHOW CAUSE I. BACKGROUND This case arises under arises under the employer sanction provisions of the Immigration and Nationality Act (INA), as amended, 8 U.S.C. § 1324a. On July 2, 2025, Complainant, the United States Department of Homeland Security, Immigration and Customs Enforcement (ICE) filed a complaint with the Office of the Chief Administrative Hearing Officer (OCAHO) against Respondent, JBK Management, LLC. Complainant alleges Respondent failed to prepare and/or present the Employment Eligibility Verification Form (Form I-9) for five individuals, in violation of § 1324a(a)(1)(B).

Complainant also alleges that Respondent failed to ensure that three individuals completed Sections 2 or Section 3 of the Form I-9, in violation of § 1324a(a)(1)(B). Complainant further alleges that Respondent knowingly continued to employ 20 persons who were unauthorized to work in the United States, in violation of § 1324a(a)(2). This office issued to Respondent a Notice of Case Assignment for Complaint Alleging Unlawful Employment (NOCA) and a copy of the Complaint on July 8, 2025 (collectively the complaint package), 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 file an answer could lead to default, and that the proceedings would be governed by U.S. Department of Justice regulations.1 1 OCAHO Rules of Practice and Procedure, 28 C.F.R. pt. 68 (2023).

22 OCAHO no. 1685 The U.S. Postal Service website indicates the NOCA was delivered on July 14, 2025 and left with “an individual” at Respondent’s address, making Respondent’s answer due no later than August 19, 2025.2 To date, Respondent has not filed an answer. II.

ORDER TO SHOW CAUSE

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, 254 (1996).3 “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). However, it has long been OCAHO’s practice to issue an order to show cause before entering a default. See United States v. Shine Auto Serv., 1 OCAHO no. 70, 444 (1989) (Vacating Order Denying Default Judgment). Respondent’s answer was due August 19, 2025, and to date, Respondent has not filed an answer.

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. 2 Per 28 C.F.R. § 68.8(b)(2), five days are added to the date of compliance with a document transmitted by mail. Per 28 C.F.R. § 68.8(a), the date of the triggering event (in this case, the receipt of the order) is not counted in determining the date of compliance.

3 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 22 OCAHO no. 1685 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 January 21, 2026. __________________________________ Honorable John A Henderson Administrative Law Judge 3