No. 19-1090

In Re Bahig F. Bishay

Lower Court: N/A
Docketed: 2020-03-05
Status: Denied
Type: Paid
Response Waived
Tags: administrative-procedure-act agency-action federal-jurisdiction judicial-review mandamus standing statutory-interpretation subject-matter-jurisdiction
Key Terms:
AdministrativeLaw JusticiabilityDoctri
Latest Conference: 2020-04-17
Question Presented (AI Summary)

Whether the U.S. District Court erred in dismissing, sua sponte, the complaint seeking judicial review of agency action under the Administrative Procedure Act

Question Presented (from Petition)

QUESTION PRESENTED © Against the backdrop of this Court’s most . ; recent guidance set forth in Weyerhaeuser Co., -where the Court held, to wit: “The Administrative Procedure Act creates a basic presumption of ***. judicial review *** [for] one suffering legal wrong because of agency action", citing Abbott Laboratories and quoting 5 U.S.C. § 702, in both matters the Court relied on the language set forth in Section 10 -of the Administrative Procedure Act: “Any person suffering legal wrong because of any agency action, or adversely affected or aggrieved by such action within ; the meaning of any relevant statute, shall be entitled to judicial review thereof” -pursuant to 28 U.S.C. § 1331; § 1391(b); § 1651(a); § 1861; and § 2201 -did : the U.S. District Court err when it, notwithstanding : the clarity of the foregoing, dismissed, sua sponte, . (before the defendant agency answered the complaint presented), proffering that U.S. District Court[s] lack jurisdiction to judicially review decisions *** of agencies not statutorily exempt from judicial review *** under the explicit mandates set forth in 5 U.S.C., § 701; § 702; § 703; § 704; § 705; . and § 706? ,

Docket Entries

2020-04-20
Petition DENIED.
2020-03-25
DISTRIBUTED for Conference of 4/17/2020.
2020-03-18
Waiver of right of respondent Department of Justice to respond filed.
2020-03-02
Petition for a writ of mandamus filed. (Response due April 6, 2020)

Attorneys

Department of Justice
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent
In Re Bahig F. Bishay
Bahig F. Bishay — Petitioner
Bahig F. Bishay — Petitioner