No. 21-818

EGAE, LLC, et al. v. Department of Housing and Urban Development

Lower Court: Ninth Circuit
Docketed: 2021-12-02
Status: Denied
Type: Paid
Response Waived
Tags: administrative-review appellate-review civil-monetary-penalties constitutional-claims constitutional-issues due-process hud judicial-jurisdiction statutory-interpretation
Key Terms:
AdministrativeLaw Arbitration SocialSecurity DueProcess Takings Securities
Latest Conference: 2022-01-21
Question Presented (AI Summary)

Whether the Court of Appeals may refuse to consider constitutional issues raised at the administrative level when reviewing the Secretary of Housing and Urban Development's imposition of civil monetary penalties under 12 U.S.C. § 1735f-15(e)

Question Presented (OCR Extract)

QUESTION PRESENTED 1. In12 U.S.C. § 1735f-15(e), Congress authorized federal Courts of Appeals to take direct review of the Secretary of Housing and Urban Development’s imposition of civil monetary penalties along with “such ancillary issues” as may be raised at the administrative level. Given that scope of review, may the Court of Appeals nonetheless refuse to consider constitutional issues that were raised at the administrative level?

Docket Entries

2022-01-24
Petition DENIED.
2022-01-05
DISTRIBUTED for Conference of 1/21/2022.
2022-01-03
Waiver of right of respondent HUD to respond filed.
2021-11-29
Petition for a writ of certiorari filed. (Response due January 3, 2022)

Attorneys

EGAE, LLC, et al.
Brian William EslerMiller Nash Graham & Dunn LLP, Petitioner
HUD
Elizabeth B. PrelogarSolicitor General, Respondent