United States v. Mexico Bakery

2 OCAHO 320 UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW OFFICE OF THE CHIEF ADMINISTRATIVE HEARING OFFICER UNITED STATES OF AMERICA, Complainant, v. MEXICO BAKERY, INC., GUILLERMO PERALES, JOSE ALVARADO, AND MARCOS MACARENA, OWNERS, Respondents. 8 U.S.C. §1324 Proceeding ) OCAHO Case No. 90100266 ORDER On April 12, 1991, a Partial Default Judgment and Order to Show Cause (April 12 Decision) issued in this matter wherein default judgment was granted as to Respondents Mexico Bakery, Inc. and Guillermo Perales. Complainant was ordered to show cause why its prior motion to amend the complaint was not improvidently granted by this tribunal on November 21, 1990 -- insofar as it added Jose Alvarado and Marcos Macarena as Respondents in this matter -- for reasons stated in the April 12 Decision. Complainant responded as ordered in the April 12 Decision.

In essence, Complainant avers that in light of information it acquired after the tribunal's November 21 order granting its motion to amend the complaint to include Alvarado and Macarena as Respondents, it now believes that the motion was improvidently granted by the tribunal and that "Complainant no longer wishes to pursue action against [Alvarado and Macarena]...in connection with the Employer Sanctions violations." 160 2 OCAHO 320 Based on the foregoing, the tribunal's Order of November 21, 1990, is vacated insofar as it added Jose Alvarado and Marcos Macarena as Respondents in this matter and the complaint is dismissed as to those two individuals. Accordingly, this case is now closed before this tribunal.1 SO ORDERED. DATED: April 25, 1991.

WILLIAM L. SCHMIDT

Administrative Law Judge 1 This Order is not intended to affect in any manner the default judgment entered on April 12, 1991, against Respondents Mexico Bakery, Inc. and Guillermo Perales. 161