McMillin v. Employment Division

Petitioner seeks judicial review of a final order of the Employment Appeals Board determining that she is ineligible for unemployment benefits, because she lacked work authorization from the Immigration and Naturalization Service (INS) and is, therefore, unavailable for work. ORS 657.155(1)(c); OAR 471-30-036(3). Unlike its decisions in the two companion cases, Carillo v. Employment Division, 88 Or App 204, 744 P2d 1304 (1987), and Landa v. Employment Division, 88 Or App 218, 744 P2d 1308 (1987), EAB purported to resolve this case as a matter of fact, rather than as a matter of law. We…