Section 104 Judicial Remedies on Review

• Library: Administrative Law 2011

It is rare for a successful challenge to agency action in a judicial review proceeding to result in direct judicial reversal of the agency action. Instead, a successful challenge to the agency action will, in most cases, result in the court remanding the case to the agency for further agency action consistent with the decision of the reviewing court. INS v. Orlando Ventura, 537 U.S. 12 (2002). It is an unusual case where the court concludes that the law and facts are such that the agency has no discretion other than to grant the relief denied by the agency and that remand to the agency would produce unjust delay of agency action to...