Ordinary remand rule

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August undefined, 2024

Witryna3 mar 2009 · When the BIA has not spoken on “a matter that statutes place primarily in agency hands,” this Court's ordinary rule is to remand to allow “the BIA ... to address the matter in the first instance in light of its own experience.” INS v. Orlando Ventura, 537 U.S. 12, 16–17, 123 S.Ct. 353, 154 L.Ed.2d 272. Pp. 1163 – 1164. Witryna25 sty 2024 · ordinary remand rule. Id. at 1100. Here, the petitioner argues that we should reverse the district court’s remand and direct the district court to award benefits. We affirm the district court but clarify the remand order. I. Petitioner Leon has a sixth-grade education and is a former landscaper and foreman. The ALJ found he had

CPC Project Final PDF Remand (Court Procedure) Lawsuit

Witryna13 lut 2024 · The ordinary remand rule was reiterated in Federal Election Comm’n v. Akins, 524 U.S. 11, 25 (1998) (“If a reviewing court agrees that the agency misinterpreted the law, it will set aside the agency’s action and remand the case – even though the agency (like a new jury after a mistrial) might later, in the exercise of its lawful ... WitrynaIn such circumstances, there is a strong presumption that the reviewing court should remand the case to the agency for further proceedings rather than reach out to … corey maness

AGAINST REMEDIAL RESTRAINT IN ADMINISTRATIVE LAW

WitrynaA remedial order is an order made by a minister under the Human Rights Act 1998 to amend legislation which has been found incompatible with the European Convention … Witrynagenerally Christopher J. Walker, The Ordinary Remand Rule and the Judicial Toolbox for Agency Dialogue, 82 GEO.WASH.L.REV. 1553 (2014), which provides an overview of the ordinary remand rule. The ordinary remand rule is when a court finds that an agency’s decision is erroneous and remands to the agency to reconsider the issue. … Witryna12 lip 2014 · When a court concludes that an agency’s decision is erroneous, the ordi- nary rule is to remand to the agency to consider the issue anew (as opposed to the … fancy movie theater southern california

Standing Rock Sioux Tribe v. U.S. Army Corps of Engineers

Remand rulings - MTG Assist

WitrynaAlthough the Supreme Court first articulated this ordinary remand rule in the 1940s and has rearticulated it repeatedly over the years, little work has been done to understand … WitrynaGeorgetown University Law Center Scholarship @ GEORGETOWN LAW 2010 “To Remand, or Not to Remand”: Ventura’s Ordinary Remand Rule and the Evolving Jurisprudence of Futility P fancy movie theater in mdWitryna25 lut 2011 · We are mindful that under the ordinary remand rule, the agency should be given an opportunity in the first instance to make legal determinations entrusted to it by Congress. See Gonzales v. Thomas, 547 U.S. 183, 185 (2006). corey manigault

"Witryna4 lis 2002 · We conclude that the Court of Appeals should have applied the ordinary "remand" rule. We grant the Government's petition for certiorari. We reverse the judgment of the Court of Appeals for the Ninth Circuit insofar as it denies remand to the agency. And we remand the case for further proceedings consistent with this opinion. … " - Ordinary remand rule

Ordinary remand rule

Remand and Dialogue in Administrative Law - The George …

Witryna2 kwi 2013 · Although the Supreme Court first articulated this ordinary remand rule in the 1940s and has rearticulated it repeatedly over the years, little work has been done to understand how the rule works in practice, much less whether it promotes the separation of powers values that motivate the rule. This Article conducts such an investigation ... WitrynaThe ordinary remand rule was recently reaffirmed by a unanimous Supreme Court in. The ordinary remand rule was recently reaffirmed by a. School Johns Hopkins University; Course Title LAW 101; Type. Notes. Uploaded By DeanMaskOtter99. Pages 516 This preview shows page 339 - 342 out of 516 pages.

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Witryna15 kwi 2016 · As the ordinary remand rule suggests, it is the “ordinary” rule subject to exceptions for “rare circumstances.” These rare circumstances include when there are minor errors as to subsidiary issues that do not affect the agency’s ultimate decision or when the agency lacks authority to decide the issue. And there is another exception of ... Witryna9 gru 2024 · Petition, Question 2. Here, the “ordinary remand rule” is an approach to appellate review of agency decisions. The approach is that a rejected agency decision “should typically return the matter to the agency to address any outstanding questions in the first instance.” Petition; See, e.g., INS v.

Witryna14 gru 2004 · Thus, the court should have applied the "ordinary `remand' rule," id., at 18. Certiorari granted; 409 F. 3d… Ulloa-Martinez v. Holder. Ulloa asserts that she has been persecuted, and faces a well-founded fear of future persecution, because of a… WitrynaIn such circumstances, there is a strong presumption that the reviewing court should remand the case to the agency for further proceedings rather than reach out to …

Witryna14 maj 2024 · curiam) (applying the “ordinary ‘remand’ rule,” pursuant to which “a court of appeals should remand a case to an agency for decision of a matter that statutes place primarily in agency hands”). Therefore, we grant the petition on this ground and remand for the BIA to consider Menjivar’s procedural arguments in the first Witryna19 mar 2024 · Remand rulings: 2024-03-19: Remand can target a spell that can’t be countered. That spell won’t be countered or returned to its owner’s hand, but you’ll …

Witryna14 kwi 2024 · However, the Board did not actually render a decision on that issue. In some of its briefing, Brewery argues that this situation calls for an automatic remand under the “ordinary remand rule;” and that such a remand does not require the full standing analysis. Brewery En Banc Petition. = = =

fancy movie theater orange countyWitrynarearticulated the rule in the immigration adjudication context in a trilogy of cases in the 2000s.11 Those cases reinforce that the “ordinary remand rule” applies to not only questions of fact, but also mixed questions of law and fact, policy judgments, and even certain questions of law.12 This does not mean / 7. corey m. aldrichWitryna“to remand, or not to remand”: ventura’s ordinary remand rule and the evolving jurisprudence of futility.....patrick j. glen 1 the rule of law: its history and meaning in common law, civil law, and latin american judicial systems.....nadia e. nedzel 57 enforcement of u.s. electronic corey macphersonWitrynaWhen a court concludes that an agency’s decision is erroneous, the ordinary rule is to remand to the agency to consider the issue anew (as opposed to the court deciding the issue itself). Although the Supreme Court first articulated this ordinary remand rule in the 1940s and has rearticulated it repeatedly over the years, little work has been ... corey margulefskyWitrynaWhen a court concludes that an agency’s decision is erroneous, the ordinary rule is to remand to the agency to consider the issue anew (as opposed to the court deciding the issue itself). Although the Supreme Court first articulated this ordinary remand rule in the 1940s and has rearticulated it repeatedly over the years, little work has been ... fancy mr foxWitryna9 wrz 2024 · Because the application of the modified categorical approach is a legal issue, the “ordinary remand rule” does not apply here. Turning back to our divisibility analysis, a statute is divisible if it “lists a number of alternative elements that effectively create several different crimes.” Guillen, 910 F.3d at 1180 (quotation marks ... fancy muffin casesWitrynaThis project has examined one of these evolutions—the ordinary remand rule—and concludes that the remand rule applies broadly: except when there are minor errors as to subsidiary issues that do not affect the court’s ultimate decision, or the court ultimately lacks statutory or constitutional authority to act, a court should never decide ... corey marek