CARILLO v. EMPLOYMENT DIVISION

EAB 85-AB-1632; CA A38157.

744 P.2d 1304 (1987)

88 Or.App. 204

Petra R. CARILLO, Petitioner, v. EMPLOYMENT DIVISION, Respondent.

Court of Appeals of Oregon.

Decided November 12, 1987.


Attorney(s) appearing for the Case

D. Michael Dale, Ontario, argued the cause for petitioner. On the brief was Peter Fels, Oregon Legal Services Corp., Pendleton.

Christine Chute, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.


BUTTLER, Presiding Judge.

Petitioner seeks judicial review of a final order of the Employment Appeals Board determining that she is not entitled to unemployment benefits because she does not have an immigrant visa or work authorization from the Immigration and Naturalization Service (INS) and is, therefore, "unavailable" for work. We reverse.

Petitioner entered the United States from Mexico in 1975. She did not have any type of visa. She was employed in Hermiston...

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