§ 2349. — Jurisdiction of the proceeding.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 28USC2349]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART VI--PARTICULAR PROCEEDINGS
CHAPTER 158--ORDERS OF FEDERAL AGENCIES; REVIEW
Sec. 2349. Jurisdiction of the proceeding
(a) The court of appeals has jurisdiction of the proceeding on the
filing and service of a petition to review. The court of appeals in
which the record on review is filed, on the filing, has jurisdiction to
vacate stay orders or interlocutory injunctions previously granted by
any court, and has exclusive jurisdiction to make and enter, on the
petition, evidence, and proceedings set forth in the record on review, a
judgment determining the validity of, and enjoining, setting aside, or
suspending, in whole or in part, the order of the agency.
(b) The filing of the petition to review does not of itself stay or
suspend the operation of the order of the agency, but the court of
appeals in its discretion may restrain or suspend, in whole or in part,
the operation of the order pending the final hearing and determination
of the petition. When the petitioner makes application for an
interlocutory injunction restraining or suspending the enforcement,
operation, or execution of, or setting aside, in whole or in part, any
order reviewable under this chapter, at least 5 days' notice of the
hearing thereon shall be given to the agency and to the Attorney
General. In a case in which irreparable damage would otherwise result to
the petitioner, the court of appeals may, on hearing, after reasonable
notice to the agency and to the Attorney General, order a temporary stay
or suspension, in whole or in part, of the operation of the order of the
agency for not more than 60 days from the date of the order pending the
hearing on the application for the interlocutory injunction, in which
case the order of the court of appeals shall contain a specific finding,
based on evidence submitted to the court of appeals, and identified by
reference thereto, that irreparable damage would result to the
petitioner and specifying the nature of the damage. The court of
appeals, at the time of hearing the application for an interlocutory
injunction, on a like finding, may continue the temporary stay or
suspension, in whole or in part, until decision on the application.
(Added Pub. L. 89-554, Sec. 4(e), Sept. 6, 1966, 80 Stat. 624; amended
Pub. L. 98-620, title IV, Sec. 402(29)(F), Nov. 8, 1984, 98 Stat. 3359.)
Historical and Revision Notes
------------------------------------------------------------------------
Revised Statutes and
Derivation U.S. Code Statutes at Large
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5 U.S.C. 1039. Dec. 29, 1950, ch.
1189, Sec. 9, 64
Stat. 1131.
......................... Sept. 13, 1961, Pub.
L. 87-225, Sec. 1,
75 Stat. 497.
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The headnotes of the subsections are omitted as unnecessary and to
conform to the style of title 28.
In subsection (a), the words ``has jurisdiction'' and ``has
exclusive jurisdiction'' are substituted for ``shall have jurisdiction''
and ``shall have exclusive jurisdiction'', respectively. The words
``previously granted'' are substituted for ``theretofore granted'' as
the preferred expression.
In subsection (b), the words ``does not'' are substituted for
``shall not''. The words ``of the United States'' following ``Attorney
General'' are omitted as unnecessary. The words ``In a case in which''
are substituted for ``In cases where''. The word ``result'' is
substituted for ``ensue''. In the fourth sentence, the words ``provided
for above'' following the last word ``application'' are omitted as
unnecessary. In the last sentence, the word ``applies'' is substituted
for ``shall apply''.
Amendments
1984--Subsec. (b). Pub. L. 98-620 struck out provisions that the
hearing on an application for an interlocutory injunction be given
preference and expedited and heard at the earliest practicable date
after the expiration of the notice of hearing on the application, and
that on the final hearing of any proceeding to review any order under
this chapter, the same requirements as to precedence and expedition was
to apply.
Effective Date of 1984 Amendment
Amendment by Pub. L. 98-620 not applicable to cases pending on Nov.
8, 1984, see section 403 of Pub. L. 98-620 set out as an Effective Date
note under section 1657 of this title.
Section Referred to in Other Sections
This section is referred to in section 2350 of this title; title 7
sections 2149, 3804, 3805.
