Jenny Schieber, et al. v. United States
AdministrativeLaw Immigration JusticiabilityDoctri
1. Whether agency adjudication rendered pursuant to an international executive agreement is subject to judicial review under the APA where: (a) Congress has granted the agency general authority to act; (b) the authorizing statute lacks substantive criteria by which to measure agency action; (c) the executive agreement sets forth such criteria; and (d) the agency has adopted detailed procedures for adjudicating claims by individuals, incorporating such evaluative criteria.
2. Whether a government-to-government dispute resolution clause in an international executive agreement bars judicial challenges to agency action under the APA brought by individual claimants?
Whether agency adjudication rendered pursuant to an international executive agreement is subject to judicial review under the APA