United States v. Kissel

1 OCAHO 62 UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW OFFICE OF THE CHIEF ADMINISTRATIVE HEARING OFFICER ADMINISTRATIVE REVIEW AND ACTION BY THE CHIEF ADMINISTRATIVE HEARING OFFICER United States of America, Complainant v. Francois Kissel. Owner, Amadeus, Inc., d/b/a Maximilien-in-the-Market, Respondent; 8 U.S.C. 1324a Proceeding; Case No. 89100137. AFFIRMATION BY THE CHIEF ADMINISTRATIVE HEARING OFFICER OF THE ADMINISTRATIVE LAW JUDGE'S ORDER GRANTING COMPLAINANT'S MOTION FOR JUDGMENT BY DEFAULT On June 5, 1989, the Honorable Robert B. Schneider, the Administrative Law Judge assigned to this case, issued an order regarding the above-styled proceeding, entitled ``Order Granting Complainant's Motion for Judgment by Default.'' On June 9, 1989, the respondent made a request to the Chief Administrative Hearing Officer for an administrative review of the Judge's Order granting complainant's motion for default. However, the request for administrative review did not present a legal defense, in equity or in law, as to why the judgment in default should not be entered.

Therefore, pursuant to Title 8, United States Code, Section 1324a(e) and Section 68.52 of the applicable rules of practice and procedure, appearing at 28 C.F.R. part 68 [hereinafter Rules], the Chief Administrative Hearing Officer, upon review of the Administrative Law Judge's Order, and in accordance with Section 68.52 of the Rules, supra, affirms the Administrative Law Judge's Order, and hereby closes the files and disposes of all proceedings. Any person or entity adversely affected may seek judicial review by filing a petition in the Court of Appeals for the appropriate circuit. The time period for filing expires forty-five (45) days from the date of the Administrative Law Judge's Final Order. SO ORDERED: DATED: June 14, 1989.

RONALD J. VINCOLI

Acting Chief Administrative Hearing Officer 376