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Collins Foods International, Inc. v. INS
United States Court of Appeals for the Ninth Circuit
948 F.2d 549 (9th Cir. 1991)
Collins (defendant) operates the Sizzler chain of restaurants. Soto, an employee at a Sizzler restaurant in Arizona, offered a job to Rodriguez after a phone interview. Soto asked Rodriguez to provide him with documentation proving his work authorization before he could start working. Rodriguez provided a driver’s license and a Social Security card. Soto copied the information onto the standard form and Rodriguez began working. Soto did not try to verify the authenticity of the documents in any way. The Social Security card turned out to be forged and Rodriguez was not actually authorized to work in the United States. The Immigration and Naturalization Service (INS) charged Collins with knowingly hiring an alien who is not authorized to work in the United States in violation of section 274A(a)(1)(A) of the Immigration and Nationality Act (INA). The administrative law judge ruled against Collins, finding that it had constructive knowledge of Rodriguez’s unauthorized status. Collins appealed to the Court of Appeals for the Ninth Circuit.
Rule of Law
Holding and Reasoning (Canby, J.)
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