28-U.S.C.-2349

§2349 – Jurisdiction of The Proceeding

Pathway

Title 28 > Part VI > Chapter 158 > Section 2349

Details

• Reference: Section 2349
• Legend: §2349 – Jurisdiction of The Proceeding
• USCode Year: 2013

Provision Content

(a) The court of appeals has jurisdiction of the proceeding on the filing and service of a petition to review. The court of appeals in which the record on review is filed, on the filing, has jurisdiction to vacate stay orders or interlocutory injunctions previously granted by any court, and has exclusive jurisdiction to make and enter, on the petition, evidence, and proceedings set forth in the record on review, a judgment determining the validity of, and enjoining, setting aside, or suspending, in whole or in part, the order of the agency.

(b) The filing of the petition to review does not of itself stay or suspend the operation of the order of the agency, but the court of appeals in its discretion may restrain or suspend, in whole or in part, the operation of the order pending the final hearing and determination of the petition. When the petitioner makes application for an interlocutory injunction restraining or suspending the enforcement, operation, or execution of, or setting aside, in whole or in part, any order reviewable under this chapter, at least 5 days’ notice of the hearing thereon shall be given to the agency and to the Attorney General. In a case in which irreparable damage would otherwise result to the petitioner, the court of appeals may, on hearing, after reasonable notice to the agency and to the Attorney General, order a temporary stay or suspension, in whole or in part, of the operation of the order of the agency for not more than 60 days from the date of the order pending the hearing on the application for the interlocutory injunction, in which case the order of the court of appeals shall contain a specific finding, based on evidence submitted to the court of appeals, and identified by reference thereto, that irreparable damage would result to the petitioner and specifying the nature of the damage. The court of appeals, at the time of hearing the application for an interlocutory injunction, on a like finding, may continue the temporary stay or suspension, in whole or in part, until decision on the application.

(Added Pub. L. 89–554, §4(e), Sept. 6, 1966, 80 Stat. 624; amended Pub. L. 98–620, title IV, §402(29)(F), Nov. 8, 1984, 98 Stat. 3359.)

The headnotes of the subsections are omitted as unnecessary and to conform to the style of title 28.

In subsection (a), the words has jurisdiction and has exclusive jurisdiction are substituted for shall have jurisdiction and shall have exclusive jurisdiction, respectively. The words previously granted are substituted for theretofore granted as the preferred expression.

In subsection (b), the words does not are substituted for shall not. The words of the United States following Attorney General are omitted as unnecessary. The words In a case in which are substituted for In cases where. The word result is substituted for ensue. In the fourth sentence, the words provided for above following the last word application are omitted as unnecessary. In the last sentence, the word applies is substituted for shall apply.

Amendments

1984—Subsec. (b). Pub. L. 98–620 struck out provisions that the hearing on an application for an interlocutory injunction be given preference and expedited and heard at the earliest practicable date after the expiration of the notice of hearing on the application, and that on the final hearing of any proceeding to review any order under this chapter, the same requirements as to precedence and expedition was to apply.

Effective Date of 1984 Amendment

Amendment by Pub. L. 98–620 not applicable to cases pending on Nov. 8, 1984, see section 403 of Pub. L. 98–620 set out as an Effective Date note under section 1657 of this title.

U.S. Encyclopedia of Law Coverage

28-U.S.C.-2345 in the Legal Encyclopedia: Judiciary

In this entry about 28-U.S.C.-2345, find legal reference material, bibliographies and premiere content related to judiciary in the American Encyclopedia of Law, presenting a comprehensive view of the United States judiciary-specific issues, written by authorities in the field.

28-U.S.C.-2342 in the Legal Encyclopedia: Proceedings

In this entry about 28-U.S.C.-2342, find legal reference material, bibliographies and premiere content related to proceedings in the American Encyclopedia of Law, presenting a comprehensive view of the United States proceedings-specific issues, written by authorities in the field.

28-U.S.C.-2344 in the Legal Encyclopedia: Agencies

In this entry about 28-U.S.C.-2344, find legal reference material, bibliographies and premiere content related to agencies in the American Encyclopedia of Law, presenting a comprehensive view of the United States agencies-specific issues, written by authorities in the field.

Topic Map

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