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United States Ninth Circuit


Elim Church of God v. Harris, 12-35029

Summary judgment in favor of the Department of Labor and the United States Citizenship and Immigration Service, in an action challenging the government's denial of an application for labor certification the plaintiff-Church filed on behalf of a youth pastor, is affirmed, where: 1) the Department of Labor's enforcement of a new regulation providing that the labor certification, valid indefinitely when issued to the plaintiff-Church, now expired 180 days after the new regulation became final, did not constitute an impermissible retroactive rule; and 2) publication of the proposed and final rules in the Federal Register afforded adequate notice of the revision.

Appellate Information

  • Decided 07/10/2013
  • Published 07/10/2013

Judges

  • THOMAS

Court

  • United States Ninth Circuit

Counsel

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