Juan Manuel Hernandez, FLC, 2004-TLC-1 (ALJ Jan. 13, 2004)

U.S. Department of Labor

Office of Administrative Law Judges 800 K Street, NW, Suite 400-N Washington, DC 20001-8002

Issue Date: 13 January 2004

Case No.: 2004-TLC-00001

In the Matter of:

JUAN MANUEL HERNANDEZ, FLC,
    Employer.

   This matter arises under the temporary agricultural labor or services provision of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(15)(H)(ii)(a), and its implementing regulations, found at 20 C.F.R. Part 655. An appeal of the Region III Regional Administrator's denial of the H-2A application filed by Juan Manuel Hernandez, FLC ("Employer") was received by this Office on November 26, 2003.

   On January 6, 2004, the Employer filed with this Office a request to have this case dismissed. Employer asserts that the issues in this matter have been settled. In response thereto, a letter was filed on behalf of the Certifying Officer on January 9, 2004, agreeing that a dismissal of this matter is appropriate, but clarifying that the parties have not "settled" and the application was properly rejected.

   Accordingly, it is HEREBY ORDERED that the Employer's request to withdraw its appeal and dismiss this matter is GRANTED. This matter shall be DISMISSED and marked CLOSED.

      Thomas M. Burke
      Associate Chief Administrative Law Judge