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CYBERWORLD ENTERPRISE TECHNOLOGIES v. NAPOLITANO

No. 09-2515.

602 F.3d 189 (2010)

CYBERWORLD ENTERPRISE TECHNOLOGIES, INC. d/b/a Tekstrom, Inc. v. Janet NAPOLITANO, Secretary of the Department of Homeland Security; Attorney General Eric H. Holder, Jr.; Hilda L. Solis, Secretary of the Department of Labor; Michael Aytes, Acting Deputy Director, United States Citizenship and Immigration Services, Cyberworld Enterprise Technologies, Inc., Appellant.

United States Court of Appeals, Third Circuit.

Filed: April 12, 2010.

Attorney(s) appearing for the Case

H. Ronald Klasko, Esq., [Argued], Klasko, Rulon, Stock & Seltzer, Philadelphia, PA, Stephen J. Neuberger, Esq., The Neuberger Firm, Wilmington, DE, for Appellant.

Seth M. Beausang, Esq., Office of United States Attorney, Wilmington, DE, Joan Brenner, Esq., [Argued], Paul L. Frieden, Esq., United States Department of Labor, Office of the Solicitor, Washington, DC, for Appellees.

Before: RENDELL, AMBRO and CHAGARES, Circuit Judges.

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...

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