In the Matter of Tong

1 Citing brief

  1. GARCIA (SERGIO C.) ON ADMISSION

    Applicant’s Consolidated Response to Amicus Curiae Brief

    Filed September 14, 2012

    The rationale applies to Sergio Garcia. IX-C.In ruling on admission to practice law, this court should not attemptto decide a contested issue of law thatis not tied to education or good moral character Having stated that this Court cannot rule on employment, the USA then goes on to argue that Garcia is unlawfully employed under a 1978 immigration court case, whereit is stated, “The word “employment”is also defined as meaning the act of being employed for one's self (30 C.J.S. 682)” Matter of Tong (BIA 1978) 161. & N. Dec. 593. Tong has been superseded by 8 C.F.R. 274a.1 (f), and (g) and (h), defining “employee,” “employer, “ and “employment;” and distinguishing those terms from independent contractor in 8 C.F.R. § 274a.1(j), defining independent contractor. Those regulations are entitled to “considerable weight.”