Is a final decision by the Department of Justice on whether to certify a claim to the Federal Reserve as a basis for judicial review?

MultiRegion, United States of America

The following excerpt is from Idrees v. Barr, Agency No. A070-786-987, No. 15-71573 (9th Cir. 2019):

Judicial review under the Administrative Procedure Act is limited to the review of final agency actions that are not statutorily precluded from review or committed to agency discretion. 5 U.S.C. 701(a). An administrative action is "committed to agency discretion" when the law is drawn "so that a court would have no meaningful standard against which to review the agency's exercise of discretion." Heckler v. Chaney, 470 U.S. 821, 830 (1985). If we determine that 8 C.F.R. 1003.1(c) commits the decision of whether to certify a claim to agency discretion, we lack jurisdiction to review that decision. This is an issue of first impression in this circuit.

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