United States v. Paragon Restoration Corporation

17 OCAHO no. 1476 UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW OFFICE OF THE CHIEF ADMINISTRATIVE HEARING OFFICER February 28, 2023 UNITED STATES OF AMERICA, Complainant, v. PARAGON RESTORATION CORPORATION, Respondent. 8 U.S.C. § 1324a Proceeding OCAHO Case No. 2023A00036 Appearances: Stephanie Robins, Esq., for Complainant Sean McCrory, Esq., for Respondent1 ORDER OF DISMISSAL This case arises under the Immigration and Nationality Act (INA), as amended, 8 U.S.C. § 1324a. Complainant, the U.S. Department of Homeland Security, Immigration and Customs Enforcement (ICE), filed a complaint with the Office of the Chief Administrative Hearing Officer (OCAHO) on December 16, 2022, alleging that Respondent, Paragon Restoration Corporation, violated § 1324a(a)(1)(B). On February 28, 2023, the parties filed a jointly signed Notice of Settlement and Joint Motion to Dismiss, with a settlement agreement attached.

The parties “give notice to this Court that the parties have reached a full settlement of this case,” and pursuant to 28 C.F.R. § 68.14(a)(2),2 “request that the Court dismiss this action with prejudice.” Per 28 C.F.R. § 68.14(a)(2), when the parties have entered into a settlement agreement, they shall “[n]otify the Administrative Law Judge that the parties have reached a full settlement agreement and agreed to dismissal of the action. Dismissal of the action shall be subject to the approval of the Administrative Law Judge, who may require the filing of the settlement agreement.” 1 Sean McCrory, Esq., signed the request for hearing on behalf of Respondent; thus, he is the attorney of record for Respondent in these proceedings. See 28 C.F.R. § 68.33(f). 2 OCAHO Rules of Practice and Procedure, 28 C.F.R. pt. 68 (2023).

17 OCAHO no. 1476 The Court finds that the parties’ Notice of Settlement and Joint Motion to Dismiss complies with the requirements of 28 C.F.R. § 68.14(a)(2). Because the parties have jointly requested dismissal and complied with the regulatory requirements for dismissal, the Notice of Settlement and Joint Motion to Dismiss is GRANTED and the case is hereby DISMISSED with prejudice.

SO ORDERED.

Dated and entered on February 28, 2023. ___________________________ Honorable Jean C. King Chief Administrative Law Judge 2