Is a question of law remand to the district court?
MultiRegion, United States of America
The following excerpt is from U.S. v. Verdugo-Urquidez, 939 F.2d 1341 (9th Cir. 1991):
We have discretion to remand a question of law to the district court when, as here, it has not been addressed by the district court, has not been properly briefed by the parties, and involves a question of first impression, see Badea v. Cox, 931 F.2d 573, 575 n. 2 (9th Cir.1991); and we should do so in this instance. Factual issues, of course, are within the exclusive province of the district court and should be left to that court.
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