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Immigration Law

Judge Keeps 2008 H-2B Rules in Place...For Now: CATA v. Perez (E.D. Pa.)

"Plaintiffs (collectively, “CATA”) move to vacate regulations previously held invalid by this Court and remanded to the agency. ... In effect, the motion is tantamount to a petition for rulemaking. ... It aims at compelling Defendants to engage in rulemaking to fill regulatory gaps that would be created by the Court’s grant of the requested vacatur. ... Here, the agency’s decision to continue the effectiveness of the challenged 2008 H-2B rules, and its use of these rules pending resolution of its defense of the 2012 Regulation in Bayou, are reasonable.  Although Plaintiffs would prefer a different course of action, the agency’s choices must be accorded deference.  And on this record, it would be improper to compel the agency to initiate formal rulemaking to replace the invalidated 2008 regulations.  Accordingly, the instant motion to compel will be denied." - CATA v. Perez, Sept. 11, 2014.