No. 25-1215 - Brief of Asylum Seeker Advocacy Project and National Employment Law Project Amici Curiae

Sep 18, 2026

Uploaded by Finn

Certificate and filing sections for an appellate case in the U.S. Court of Appeals for the District of Columbia Circuit, involving Jorge Rivera Lujan and others versus the Federal Motor Carrier Safety Administration. The amici curiae brief supports petitioners’ emergency motion for a stay pending review of an Interim Final Rule by FMCSA. It includes certifications regarding parties, rulings, and related cases, counsel consent under Circuit Rule 29, and corporate disclosure for ASAP and NELP.

LanguageEnglish

CategoryResearch & Report

FormatPDF

Pages23

Reading Time58 min

AccessFree to download

Interest of Amici Curiae

Introduction

Argument

The Rule is already causing harm to drivers, as illustrated by the experiences of eleven impacted workers

The government cannot articulate any countervailing harms

Conclusion

Table of Authorities

US Supreme Court Cases

Federal Cases

Federal Statutes

Federal Rules

Federal Regulations

Other Authorities

ORAL ARGUMENT NOT YET SCEDULED No. 25-1215 UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT Jorge Rivera Lujan, et al., Petitioners-Appellants,– v.– Federal Motor Carrier Safety Administration, et al., Respondents-Appellees. On Petition for Review of a Final Rule of the Federal Motor Carrier Safety Administration BRIEF OF ASYLUM SEEKER ADVOCACY PROJECT AND NATIONAL EMPLOYMENT LAW PROJECT ASAMICI CURIAE IN SUPPORT OF PETITIONERS’EMERGENCY MOTION FOR A STAY PENDING REVIEW. Joseph M. Sellers COHEN MILSTEIN SELLERS & TOLL 1100 New York Ave. NW, Suite 800 Washington, DC 20005 (202) 408-4600 [jsellers@cohenmilstein.com](jsellers@cohenmilstein.com) Counsel for Amici Curiae Daniel E. Ocampo NATIONAL EMPLOYMENT LAW PROJECT 90 Broad St. 11th Fl. New York, NY 10003 (646) 693-8233 [docampo@nelp.org](docampo@nelp.org) Marcela X. Johnson ASYLUM SEEKER ADVOCACY PROJECT 228 Park Ave. S. \#84810 New York, NY 10003 (646) 937-0164 [marcela.johnson@asylumadvocacy.com](marcela.johnson@asylumadvocacy.com) CERTIFICATE AS TO PARTIES, RULINGS, AND RELATED CASES Pursuant to D.C. Circuit Rule 28(a)(1), amici curiae the Asylum Seeker Advocacy Project (ASAP) and the National Employment Law Project (NELP) certify that: (A) Parties and Amici Parties: Except for amici curiae, all parties and intervenors are listed in Petitioners’Rivera Lujan, et al. Emergency Motion for a Stay. Amici: Undersigned amici are the ASAP and NELP. (B) Ruling under Review On October 20, 2025, Petitioners Jorge Rivera Lujan, Aleksei Semenovskii, American Federation of State, County & Municipal Employees, AFL-CIO (AFSCME), and American Federation of Teachers (AFT) petitioned this Court for review of an Interim Final Rule issued by the U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) (the “Rule”) . On October 24, 2025, Petitioners filed with this Court an Emergency Motion for a Stay of the Rule pending review. (C) Related Cases Amici are aware of no pending related cases. Date: October 30, 2025 Respectfully submitted, Joseph M. Sellers COHEN MILSTEIN SELLERS & TOLL 1100 New York Ave. NW Suite 800 Washington, DC 20005 (202) 408-4600 [jsellers@cohenmilstein.com](jsellers@cohenmilstein.com) Counsel for Amici Curiae CERTIFICATE PURSUANT TO CIRCUIT RULE 29 Pursuant to D.C. Circuit Rule 29(b), undersigned counsel for amici curiae represent that counsel for all parties have consented to the filing of this brief. Pursuant to D.C. Circuit Rule 29(d), undersigned counsel for amici curiae certify that a separate brief is necessary because, as of the date of this certification, they are aware of no other brief that addresses in depth the combined interests and experiences of workers impacted by the challenged Rule. CORPORATE DISCLOSURE STATEMENT Pursuant to Federal Rule of Appellate Procedure 26.1 and D.C. Circuit Rule 26.1, counsel for amici curiae make the following disclosure: The Asylum Seeker Advocacy Project (ASAP) and the National Employment Law Project (NELP) are not publicly held corporations and have no parent corporations. No publicly held corporation has 10% or more of the stock of any amicus organization. TABLE OF CONTENTS INTEREST OF AMICI CURIAE ....................................................................... 1 INTRODUCTION ............................................................................................... 2 ARGUMENT ....................................................................................................... 3 I. The Rule is already causing harm to drivers, as illustrated by the experiences of eleven impacted workers................................................................................ 4 II. The government cannot articulate any countervailing harms....................... 10 CONCLUSION ..............................................................................................

FAQs

What motion does the amici curiae brief support?

It supports petitioners’ emergency motion for a stay pending review of the challenged Interim Final Rule.

Which parties and organizations are referenced in the filing certifications?

The certifications identify petitioners and amici curiae, stating the amici are the Asylum Seeker Advocacy Project (ASAP) and the National Employment Law Project (NELP).

What does the corporate disclosure statement indicate?

It states ASAP and NELP are not publicly held corporations and have no parent corporations, and that no publicly held corporation has 10% or more stock of any amicus organization.

Sep 18, 2026

Uploaded by Finn