Roger Charles Day, Jr. v. Office of the President
AdministrativeLaw DueProcess
Whether the Executive Office of the President is required to provide hearing and adjudication to the aggrieved petitioner under Title 5 U.S.C. §§ 551 et seq., whether the lower courts violated Title 5 § 706 by failing to provide substantial evidence review, and whether the lower court violated the petitioner's due process and equal protection rights by failing to order the Executive Office of the President to provide a hearing as required under Title 5 U.S.C. §§ 551 et seq.
QUESTION(S) PRESENTED 1) Whether the Executive Office of the President is required, as an agency of the Federal Government.to provide hearing and adjudication to the aggrieved Petitioner under Title 5 U.S.C. §§ 551 et seq.? 2) Whether the District Court and the Lower Court violated Title 5 § 706 by failing to provide substantial evidence review as required by the Administrative Procedures Act? 3+ Whether the Lower Court, having found the Administrative Procedures Act applicable to the Executive Office of the President (Judicial Watch, Inc. v. Dept. of Justice, 356 F.3d 361, HN1 (CA D.C. 2004)), violated the Due Process and Equal Protection Constitutional Rights of the Petitioner by failing to order the Executive Office of the President to. provide a hearing as Title 5 U.S.C. §§ 551 et seq. provides? 4) Whether the relief afforded by Title 5 U.S.C. §§ 551 et seq. » is the same as that of Habeas Corpus relief for violation of Title 18 U.S.C. § 3192 and can be substituted as did the ; Lower Court? ; III ;