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Outdoor Amusement Business Association, Inc., et al. v. Department of Homeland Security, et al.

Paid petition · United States Court of Appeals for the Fourth Circuit, No. 18-2370 · judgment December 18, 2020

Certiorari denied · November 1, 2021
Pre-decision estimate: 6% cert probability (95% interval 3%–9%)

Before the decision, modestly above the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a dissent in the court below (flagged in the petition), and a business petitioner.

Question presented

With exceptions not relevant hereto, Congress has expressly bestowed all "administration and enforcement" functions under the Immigration and Nationality Act, 8 U.S.C. §§1101 et seq., including rulemaking and adjudication for the admission of temporary, non-agricultural workers under the H-2B visa program, exclusively on the Secretary of Homeland Security. Id. §§ 1101(a)(15)(H)(ii)(b), 1103(a)(1), (3), and 1184(a)(1), (c)(1). The Secretary adjudicates employer H-2B petitions "after consultation with appropriate agencies of the Government." Id. § 1184(c)(1). The question presented is: Whether Congress, consistent with the nondelegation doctrine and clear-statement rule, impliedly authorized the Secretary of Labor individually to promulgate legislative rules for the admission of H-2B workers and adjudicate H-2B labor certifications.

Counsel of record

For petitioner
Leon R. Sequeira

For respondent
Brian H. Fletcher
Acting Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Nov 01 2021
    Petition DENIED.
  2. Oct 15 2021
    Reply of petitioners Outdoor Amusement Business Association, Inc., et al. filed. (Distributed)
    Main DocumentProof of ServiceCertificate of Word Count
  3. Oct 13 2021
    DISTRIBUTED for Conference of 10/29/2021.
  4. Sep 29 2021
    Brief of respondents Department of Homeland Security, et al. in opposition filed.
    Main DocumentCertificate of Word Count
  5. Sep 16 2021
    Motion to extend the time to file a response is granted and the time is further extended to and including September 29, 2021.
  6. Sep 15 2021
    Motion to extend the time to file a response from September 20, 2021 to September 29, 2021, submitted to The Clerk.
    Main Document
  7. Aug 17 2021
    Motion to extend the time to file a response is granted and the time is extended to and including September 20, 2021.
  8. Aug 16 2021
    Motion to extend the time to file a response from August 20, 2021 to September 20, 2021, submitted to The Clerk.
    Main Document
  9. Jul 16 2021
    Petition for a writ of certiorari filed. (Response due August 20, 2021)
    PetitionAppendixCertificate of Word CountProof of Service