Legal Opinion

Cyberworld Enterprise Technologies, Inc. v. Napolitano

Court of Appeals for the Third Circuit

Decided April 12, 2010No. 09-2515PublishedCited by 26 opinions

1Opinion of the Court

OPINION OF THE COURT

RENDELL, Circuit Judge.

In this appeal, we consider whether the Secretary of Labor retained jurisdiction to impose sanctions for violations of H-1B visa regulations when she failed to act until eighteen months after the time period prescribed by statute for her actions had expired. We conclude that, under the analysis prescribed by the Supreme Court in Brock v. Pierce County, 476 U.S. 253, 106 S.Ct. 1834, 90 L.Ed.2d 248 (1986), the Secretary had jurisdiction to act after the deadline passed.

Cyberworld Enterprise Technologies is a temporary staffing company that obtains H-1B…

2Cases cited15 opinions

  1. Heckler v. ChaneySupreme Court of the United States · 1985
  2. United States v. James Daniel Good Real PropertySupreme Court of the United States · 1993
  3. Mohasco Corp. v. SilverSupreme Court of the United States · 1980
  4. Atlantic Cleaners & Dyers, Inc. v. United StatesSupreme Court of the United States · 1932
  5. Barnhart v. Peabody Coal Co.Supreme Court of the United States · 2003

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3Cited by26 opinions

  1. Sylvain v. Attorney General of the United StatesCourt of Appeals for the Third Circuit · 2013
  2. Eisai, Inc. v. Sanofi Aventis U.S., LLCCourt of Appeals for the Third Circuit · 2016
  3. Pennsylvania, Department of Public Welfare v. SebeliusCourt of Appeals for the Third Circuit · 2012
  4. Louisiana Forestry Ass'n Inc. v. Secretary United States Department of LaborCourt of Appeals for the Third Circuit · 2014
  5. Shalom Pentecostal Church v. Acting Secretary United States Department of Homeland SecurityCourt of Appeals for the Third Circuit · 2015

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