Does a federal court have jurisdiction to review a decision made by the Department of Justice under the Civil Code of Civil Procedure?

MultiRegion, United States of America

The following excerpt is from Drakes Bay Oyster Co. v. Jewell, D.C. No. 4:12-cv-06134-YGR, No. 13-15227 (9th Cir. 2013):

470 U.S. 821, 830 (1985); see also Webster v. Doe, 486 U.S. 592, 599 (1988) (characterizing the exception as for circumstances where there is "no law to apply") (internal quotation marks and citation omitted). But even where the substance or result of a decision is committed fully to an agency's discretion, "a federal court has jurisdiction to review agency action for abuse of discretion when the alleged abuse of discretion involves violation by the agency of constitutional, statutory, regulatory or other legal mandates or restrictions." Ness Inv. Corp., 512 F.2d at 715. In such circumstances, a federal court lacks only jurisdiction to review an alleged abuse of discretion regarding "the making of an informed judgment by the agency." Id.

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