What is the test for overturning an order by the Department of Justice?
MultiRegion, United States of America
The following excerpt is from Brod v. National Transp. Safety Bd., 933 F.2d 1013 (9th Cir. 1991):
Agency action will be upheld unless "arbitrary, capricious, an abuse of discretion or otherwise not in accordance with law." Winslow v. National Transp. Safety Bd., 885 F.2d 615, 617 (9th Cir.1989) (quoting 5 U.S.C. Sec. 706(2)(A) (1982)). A court may reverse an agency order only for substantial errors in administrative procedure that prejudiced petitioner. Kolek v. Engen, 869 F.2d 1281, 1286 (9th Cir.1989).
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