Defendant's Attorney: Patrick Garrett Selwood

Description: Baltimore, Maryland immigration lawyers represented the Plaintiff who sued the Defendant on an administrative law theory.

"The Administrative Procedures Act (APA) is a federal law that establishes procedures for how federal agencies develop and issue regulations. It also provides for judicial review of agency actions. The APA is codified at 5 U.S.C. §§ 551-559.

The APA applies to all federal agencies, except those that are specifically exempt. Some of the key provisions of the APA include:

Rulemaking: The APA requires agencies to follow certain procedures when developing and issuing regulations. These procedures include providing notice of proposed rulemaking, allowing for public comment, and issuing a final rule with a statement of basis and purpose.
Adjudication: The APA also applies to agency adjudications, which are formal proceedings in which an agency makes a decision about the rights or obligations of a specific party. The APA requires agencies to provide certain due process protections in adjudications, such as the right to a hearing, the right to present evidence, and the right to cross-examine witnesses.
Judicial review: The APA allows for judicial review of agency actions. This means that parties can challenge agency actions in court. Judicial review is generally limited to procedural errors and substantive violations of the law.

The APA is an important law that helps to ensure that federal agencies are accountable and that their actions are fair and reasonable.

Here are some examples of how the APA is used:

When the Environmental Protection Agency (EPA) issues new regulations to limit pollution, it must follow the rulemaking procedures set forth in the APA. This includes providing notice of the proposed regulations, allowing for public comment, and issuing a final rule with a statement of basis and purpose.
When the Social Security Administration (SSA) decides whether to grant or deny disability benefits, it is engaged in adjudication. The SSA must provide certain due process protections in these proceedings, such as the right to a hearing, the right to present evidence, and the right to cross-examine witnesses.
If a party is unhappy with the outcome of an agency action, they may file a lawsuit in court challenging the action. The court will review the agency's action under the APA and determine whether the agency followed the proper procedures and whether its decision was supported by the evidence.

The APA is a complex law, but it is an important one for anyone who interacts with federal agencies. If you have any questions about the APA or how it applies to a particular situation, you should consult with an attorney."

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Outcome: Plaintiff's Notice of Voluntary Dismissal. Signed by Judge Richard D. Bennett on 11/13/2023. (ols, Deputy Clerk) (Entered: 11/13/2023)

Plaintiff's Experts:

Defendant's Experts:

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