What is the test for deferential review?
MultiRegion, United States of America
The following excerpt is from Meinhold v. U.S. Dept. of Defense, 34 F.3d 1469 (9th Cir. 1994):
Rostker, 453 U.S. at 65-66, 101 S.Ct. at 2652 (quoting Gilligan v. Morgan, 413 U.S. 1, 10, 93 S.Ct. 2440, 2446, 37 L.Ed.2d 407 (1973)). Our review, therefore, is as deferential as our constitutional responsibilities permit. Id. at 70, 101 S.Ct. at 2654-55.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is a petitioner who has procedurally defaulted by not raising a claim on direct review or collateral review barred from raising it on collateral review? (MultiRegion, United States of America)
In reviewing the application of a sophisticated means enhancement, what is the difference between a de novo review and a clear error review? (MultiRegion, United States of America)
For the purposes of denying a motion for judicial review of a decision by the Board of Arbitration for Justice denying an application to review the denial of the motion, in what circumstances will the motion be reviewed? (MultiRegion, United States of America)
Can a decision maker such as the Immigration Officer on an application for permanent residents in Canada be reviewed on a higher standard of review of patent unreasonableness? (Canada (Federal), Canada)
What is the standard of review applicable to review of a decision of an adjudicator appointed pursuant to the Canada Labour Code? (Canada (Federal), Canada)
In what circumstances can the Federal Bureau of Investigation and the Office of Personnel Management be reviewed in a judicial review? (MultiRegion, United States of America)
What is the date a judgment became final on direct review or on collateral review? (MultiRegion, United States of America)
What is the standard of review in the context of a judicial review? (Canada (Federal), Canada)
In what circumstances will the Minister of Citizenship and Immigration review the decision of a visa officer under review? (Canada (Federal), Canada)
Does the presumption of reasonableness review automatically engage with correctness standards of review? (Canada (Federal), Canada)
