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LANDA v. EMPLOYMENT DIVISION

86-AB-9; CA A38642.

744 P.2d 1308 (1987)

88 Or.App. 218

David O. LANDA, 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 Ellen Gradison-Eccles, Ontario.

Christine Chute, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, 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 he was not entitled to unemployment benefits because he did not have an immigrant visa or work authorization from the Immigration and Naturalization Service (INS) and was therefore "unavailable" for work. We reverse.

Petitioner entered the United States lawfully under a work contract in 1984...

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