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Hispanic Affairs Project , et al v. Perez, et al

MOTION for Summary Judgment

52 Cited authorities

  1. Anderson v. Liberty Lobby, Inc.

    477 U.S. 242 (1986)   Cited 236,991 times   38 Legal Analyses
    Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"

  2. Chevron U.S.A. v. Natural Res. Def. Council

    467 U.S. 837 (1984)   Cited 16,037 times   505 Legal Analyses
    Holding that courts "must give effect to the unambiguously expressed intent of Congress"

  3. Motor Vehicle Manufacturers Assoc. of the United States, Inc. v. State Farm Mutual Auto. Ins. Co.

    463 U.S. 29 (1983)   Cited 6,654 times   50 Legal Analyses
    Holding that " `settled course of behavior embodies the agency's informed judgment that, by pursuing that course, it will carry out the policies [of applicable statutes or regulations]'"

  4. Auer v. Robbins

    519 U.S. 452 (1997)   Cited 2,342 times   90 Legal Analyses
    Holding that a federal agency's interpretation of a regulation is controlling where it is not "plainly erroneous or inconsistent with the regulation"

  5. Marsh v. Oregon Natural Resources Council

    490 U.S. 360 (1989)   Cited 2,003 times   2 Legal Analyses
    Holding that courts must defer to the "informed discretion" of federal agencies where the agencies’ decisions require "a high level of technical expertise" (quoting Kleppe v. Sierra Club , 427 U.S. 390, 412, 96 S.Ct. 2718, 49 L.Ed.2d 576 (1976) )

  6. Florida Power Light Co. v. Lorion

    470 U.S. 729 (1985)   Cited 1,886 times   1 Legal Analyses
    Holding that the Hobbs Act vests in the court of appeals initial judicial review authority over an NRC order denying a petition under 10 C.F.R. § 2.206 for suspension of an operating license

  7. City of Arlington v. Fed. Commc'ns Comm'n

    569 U.S. 290 (2013)   Cited 561 times   11 Legal Analyses
    Holding that Chevron applies to questions about the scope of an agency's statutory authority

  8. Bowman Transportation, Inc. v. Arkansas-Best Freight System, Inc.

    419 U.S. 281 (1974)   Cited 1,980 times   4 Legal Analyses
    Holding that "[w]e can discern in the Commission's opinion a rational basis for its treatment of the evidence, and the `arbitrary and capricious' test does not require more"

  9. Sebelius v. Auburn Reg'l Med. Ctr.

    568 U.S. 145 (2013)   Cited 498 times   11 Legal Analyses
    Holding that "the presumption in favor of equitable tolling does not apply" to a nonjurisdictional agency appeal deadline given the statutory history and administrative context

  10. Camp v. Pitts

    411 U.S. 138 (1973)   Cited 1,967 times   1 Legal Analyses
    Holding that "the focal point for judicial review" of whether agency action is arbitrary and capricious "should be the administrative record already in existence, not some new record made initially in the reviewing court"

  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 329,861 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  12. Section 706 - Scope of review

    5 U.S.C. § 706   Cited 20,510 times   185 Legal Analyses
    Granting courts jurisdiction to "compel agency action unlawfully held or unreasonably delayed"

  13. Section 1101 - Definitions

    8 U.S.C. § 1101   Cited 16,409 times   91 Legal Analyses
    Finding notice and comment rulemaking is required for the agency's interim rule recognizing fear of coercive family practices as basis for refugee status

  14. Section 213 - Exemptions

    29 U.S.C. § 213   Cited 4,621 times   254 Legal Analyses
    Exempting salaried employees from the FLSA's overtime pay requirement

  15. Section 1153 - Allocation of immigrant visas

    8 U.S.C. § 1153   Cited 1,166 times   10 Legal Analyses
    Determining an applicant's age as " the age of the alien on the date on which an immigrant visa number becomes available for such alien . . . but only if the alien has sought to acquire the status of an alien lawfully admitted for permanent residence within one year of such availability; reduced by (B) the number of days in the period during which the applicable petition . . . was pending"

  16. Section 1184 - Admission of nonimmigrants

    8 U.S.C. § 1184   Cited 598 times   11 Legal Analyses
    Creating exceptions to caps, including separate quota of 20,000 for nonimmigrants with master's or higher degree

  17. Section 1188 - Admission of temporary H-2A workers

    8 U.S.C. § 1188   Cited 121 times
    Defining "H-2A worker" as a nonimmigrant alien as defined in § 1101(H)

  18. Section 214.2 - Special requirements for admission, extension, and maintenance of status

    8 C.F.R. § 214.2   Cited 462 times   44 Legal Analyses
    Restating cap in 8 U.S.C. § 1184(g)(l)

  19. Section 655.102 - Transition procedures

    20 C.F.R. § 655.102   Cited 65 times
    Stating that the Department of Labor "has determined that in order to protect similarly employed U.S. workers from adverse effect with respect to benefits, wages, and working conditions" every job offer made to a U.S. worker must contain the same minimum benefits as identical offers to a foreign H-2A worker

  20. Section 655.100 - Purpose and scope of this subpart

    20 C.F.R. § 655.100   Cited 33 times
    Defining "H-2A worker" as "any nonimmigrant alien admitted to the United States for agricultural labor or services of a temporary or seasonal nature under section 101(H) of the I[mmigration] N[ationality] A[ct] (8 U.S.C. [§] 1101(H))"

  21. Section 779.372 - Nonmanufacturing establishments with certain exempt employees under section 13(b)(10)

    29 C.F.R. § 779.372   Cited 31 times   15 Legal Analyses
    Defining "partsman" as "any employee employed for the purpose of and primarily engaged in requisitioning, stocking, and dispensing parts"

  22. Section 655.210 - [Effective until 6/28/2024] Contents of herding and range livestock job orders

    20 C.F.R. § 655.210   Cited 5 times

    (a)Content of job offers. Unless otherwise specified in §§ 655.200 through 655.235 , the employer must satisfy the requirements for job orders established under § 655.121 and for the content of job offers established under part 653, subpart F, of this chapter and § 655.122 . (b)Job qualifications and requirements. The job offer must include a statement that the workers are on call for up to 24 hours per day, 7 days per week and that the workers spend the majority (meaning more than 50 percent) of

  23. Section 655.201 - Definition of herding and range livestock terms

    20 C.F.R. § 655.201   Cited 5 times

    The following are terms that are not defined in §§ 655.100 through 655.185 and are specific to applications for labor certifications involving the herding or production of livestock on the range. Herding. Activities associated with the caring, controlling, feeding, gathering, moving, tending, and sorting of livestock on the range. Livestock. An animal species or species group such as sheep, cattle, goats, horses, or other domestic hooved animals. In the context of §§ 655.200 through 655.235 , livestock

  24. Section 655.182 - [Effective 6/28/2024] Debarment

    20 C.F.R. § 655.182   Cited 3 times

    (a)Debarment of an employer, agent, or attorney. The OFLC Administrator may debar an employer, agent, or attorney from participating in any action under 8 U.S.C. 1188 , this subpart, or 29 CFR part 501 subject to the time limits set forth in paragraph (c) of this section, if the OFLC Administrator finds that the employer, agent, or attorney substantially violated a material term or condition of the temporary agricultural labor certification, with respect to H-2A workers; workers in corresponding

  25. Section 655.215 - Procedures for filing herding and range livestock Applications for Temporary Employment Certification

    20 C.F.R. § 655.215   Cited 3 times

    (a)Compliance with §§ 655.130 through 655.132 . Unless otherwise specified in §§ 655.200 through 655.235 , the employer must satisfy the requirements for filing an Application for Temporary Employment Certification with the NPC designated by the OFLC Administrator as required under §§ 655.130 through 655.132 . (b)What to file. An employer must file a completed Application for Temporary Employment Certification and job order. (1) The Application for Temporary Employment Certification and job order

  26. Section 655.170 - Extensions

    20 C.F.R. § 655.170   Cited 1 times

    An employer may apply for extensions of the period of employment in the following circumstances. (a)Short-term extension. Employers seeking extensions of 2 weeks or less of the certified Application for Temporary Employment Certification must apply directly to DHS for approval. If granted, the Application for Temporary Employment Certification will be deemed extended for such period as is approved by DHS. (b)Long-term extension. Employers seeking extensions of more than 2 weeks may apply to the CO