Does the Secretary of State have authority to obtain a judgment from a federal judge in a civil case brought by the Department of Justice?
MultiRegion, United States of America
The following excerpt is from Yang v. Shalala, 22 F.3d 213 (9th Cir. 1994):
1 The Secretary correctly points out that this judgment is gratuitous and of no legal import. The judgment is unnecessary because the district court did not have jurisdiction over the case. The district court could not have retained jurisdiction because it remanded under sentence four of 42 U.S.C. Sec. 405(g). See Shalala v. Schaefer, --- U.S. ----, ----, 113 S.Ct. 2625, 2629, 125 L.Ed.2d 239 (1993).
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