Enterprise fraud conviction blocks naturalization software – company insurance

A federal appeals court on Wednesday upheld a district court ruling that the U.S. Citizenship and Immigration Service did not mistakenly deny a woman's application for naturalization on the grounds that she was convicted of employee compensation fraud.

Blanca Orellana, a citizen of El Salvador, injured her neck, hands, right foot and back in February 2002 while working for Ocadian Care Centers LLC, based in Belvedere Tiburon, Calif., According to documents in Orellana v. Mayorkas emerges.

Ms. Orellana said she was unable to work because of her injuries and filed a disability claim. Ocadian accepted the request and had paid nearly $ 38,000 in temporary disability and medical treatment by December 2, 2002.

Monitoring of Ms. Orellana revealed that she continued to work between April and August 2002 and showed no signs of impairment. A criminal complaint was filed against her and she was convicted of failing to disclose her sideline employment and was ordered to pay Ocadian $ 30,000.

In 2004, an employee compensation appellate body approved a separate agreement settling Ms. Orellana's $ 42,700 compensation claim, with the reimbursement deducted from the settlement.

Years later, when she applied for naturalization, her application was denied because the victim's loss to fraud conviction exceeded $ 10,000. She appealed to the district court, which dismissed her lawsuit.

The 9th US Court of Appeal in San Francisco upheld the lower court's decision. Although Ms. Orellana argued that the actual loss from her behavior “did not exceed $ 5,010”, the appellate court objected that her sideline prejudiced her “entitlement to insurance or payments” and that she did not provide evidence that the loss was not Fall was exceeding $ 10,000.

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