In June, a divided panel of the Eleventh Circuit deepened a circuit split on a jurisdictional issue in immigration law. Judge Brasher, joined by Chief Judge Pryor, agreed with the Ninth Circuit and held that a court of appeals lacks jurisdiction to review the denial of relief under the Convention Against Torture (CAT) unless the immigrant petitions […]
The D.C. Circuit issued two orders and two opinions in administrative law cases last week. The court denied a stay of an injunction against DHS’s policy for congressional visits to detention facilities (and Judge Rao explored a broad theory of irreparable injury). The court denied an administrative stay of a permanent injunction to remove President […]
The Eleventh Circuit decided one administrative law case of note in the second half of May. In Citadel Securities LLC v. SEC, a panel of Judges Rosenbaum, Lagoa, and Marcus unanimously denied a petition for review of the SEC’s approval of a new options exchange under the Securities Exchange Act of 1934. Among other things, the […]
During the first half of May, the Eleventh Circuit decided one administrative law case of note. In Alvarez v. Warden, a divided panel affirmed the grant of habeas relief to two unlawfully present aliens challenging their detention without bond. In an opinion written by Judge Marcus and joined by Judge Rosenbaum, the court held that 8 […]
Last week, the D.C. Circuit decided four cases on the merits and issued interim orders in two others. The interim orders involve the scope of an injunction against the Pentagon’s press-pass policy and the court’s jurisdiction to intervene in merger-related proceedings before the FCC. The merits cases involve the SEC’s failure to explain the denial […]
This post begins a new series reviewing the administrative law decisions of the Eleventh Circuit. The Eleventh Circuit is the third-busiest federal court of appeals, and it hears cases from Florida, Georgia, and Alabama. Over the past two weeks, the court decided three cases of note. First, it vacated an injunction against the construction of a detention […]
Last week, the D.C. Circuit decided Simmons v. Rubio, a case about the deadline to seek review of a decision of the Foreign Service Grievance Board. The plaintiff is a foreign service officer who filed a grievance about her treatment at work. The Foreign Service Act permits officers to file a complaint in district court “not […]
The D.C. Circuit did not release any published opinions on administrative law last week. Its only opinion dealt with a motion to unseal applications for non-disclosure orders filed by the government under the Stored Communications Act, 18 U.S.C. § 2705(b). The orders related to a 2017 grand jury subpoena for records of the chief investigative counsel of the […]
The D.C. Circuit issued no opinions this week. Instead of the usual analysis, here are a few almost-year-end statistics. The D.C. Circuit has issued published opinions in 164 cases this year, down from 200 in 2024. As regular readers might guess, the busiest months were August (38) and July (26). The slowest months were February […]
The D.C. Circuit decided one merits case involving the Essential Air Service program, stayed an interim final rule governing commercial driver’s licenses, and denied en banc rehearing of the mandamus order in the Alien Enemies Act case. Essential Air Service First, in Southern Airways Express, LLC v. U.S. Department of Transportation, the court unanimously denied a […]
Last week, the D.C. Circuit released an opinion deferring to the Federal Energy Regulatory Commission in light of Seven County Infrastructure Coalition v. Eagle County; an opinion deferring to the FBI in a Freedom of Information Act case; an opinion vacating a FERC order that departed from the cost-causation principle; an opinion on standing; and an […]
Last week, the D.C. Circuit adopted an interesting remedy in a notice-and-comment case; dealt with an analogy between administrative proceedings and judicial disciplinary proceedings; and addressed the standards for scientific studies in an arbitrary-and-capricious case. It also issued an order staying an injunction against the removal of two members of the National Credit Union Administration. […]
The D.C. Circuit has once again addressed the surprisingly vexing question of when a rule becomes a rule. National Council of Agricultural Employers v. Department of Labor involves two competing rules modifying the H-2A farmworker visa program. The Trump administration’s Department of Labor submitted a final rule to the Office of the Federal Register (OFR) on January […]
The D.C. Circuit issued another unusual en banc order last week in challenges to funding cuts at the U.S. Agency for Global Media. It also vacated and remanded in two cases involving immigration standards of review. And it denied petitions for review in an SEC whistleblower case and a FERC case. “Special En Banc” Before […]
The D.C. Circuit entered three administrative stays and decided three administrative law cases on the merits last week. Emergency Orders Alien Enemies Act In J.G.G. v. Trump, this month’s special panel administratively stayed the district court’s interim order on contempt. As Thomas Griffith has discussed on this blog, the district court entered a temporary restraining order prohibiting the removal […]