§1710 Court review of orders

Summary

If you are hurt by a Director’s order made after a hearing, you can ask a United States court of appeals to review it. You must file a written petition in the circuit where you live or do business, or in the D.C. Circuit, within 60 days after the order. The court clerk will send a copy to the Director, and the Director must file the case record with the court. You cannot raise in court any objection you did not raise earlier before the Director. The court must accept the Director’s factual findings if they are supported by substantial evidence. Either side can ask the court to allow new evidence. If the court agrees that the evidence is important and there was a good reason it was not shown earlier, the court can order the new evidence to be heard by the Director. The Director can then change findings and file them, and the court must accept those findings if supported by substantial evidence. Once the petition is filed, that court has exclusive power over the case and its decision is final except for possible Supreme Court review by certiorari under section 1254 of title 28. Filing the petition does not stop the Director’s order unless the court specifically orders a stay.