Attached to the D. & O. is a "Notice of Appeal Rights" that provides in pertinent part:
If no Petition [for Review] is timely filed, then the administrative law judge's decision becomes the final order of the Secretary of Labor. Even if a Petition is timely filed, the administrative law judge's decision becomes the final order of the Secretary of Labor unless the Board issues an order within thirty (30) days of the date the Petition is filed notifying the parties that it has accepted the case for review. See 29 C.F.R. § 655.840(a).
Accordingly, pursuant to 20 C.F.R. § 655.845 (2006), the Board hereby gives notice that it declines to review the ALJ's Decision and Order.
FOR THE ADMINISTRATIVE REVIEW BOARD:
Janet R. Dunlop
General Counsel
[ENDNOTES]
1 8 U.S.C.A. §§ 1101-1537 (West 1999 & Supp. 2004) and implemented at 20 C.F.R. Part 655, Subparts H and I (2006).
2 ARB Nos. 04-023, -029, -050; ALJ Nos. 04-LCA-09, 03-LCA-30 (May 31, 2005).
3 D. & O. at 4.
4 The Board has jurisdiction to review an ALJ's decision arising under the INA. 8 U.S.C.A. § 1182(n)(2) and 20 C.F.R. § 655.845. See also Secretary's Order No. 1-2002, 67 Fed. Reg. 64,272 (Oct. 17, 2002) (delegating to the ARB the Secretary's authority to review cases arising under, inter alia, the INA).