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Keywords

jurisdictionjudicial reviewappellant
jurisdictionjudicial reviewappellant

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Slyper v. U.S. Attorney Gen.

Facts

Appellants, two foreign medical graduate students, were in the United States by authorization of the United States Information Agency's (USIA) Exchange Visitor Program. Appellants both married United States citizens. Appellants filed for waivers of statutory requirement that they return to their country of origin for two years on ground that their return would impose extraordinary hardship on their wives. A favorable recommendation from USIA was required to obtain a waiver. USIA denied both appellants' requests for a favorable recommendation.

Appellants, two foreign medical graduate students, were in the United States by authorization of the United States Information Agency's (USIA) Exchange Visitor Program. Appellants both married United States citizens. Appellants filed for waivers of statutory requirement that they return to their country of origin for two years on ground that their return would impose extraordinary hardship on their wives. A favorable recommendation from USIA was required to obtain a waiver. USIA denied both appellants' requests for a favorable recommendation.

Issue

Whether a district court has jurisdiction to review a decision by the United States Information Agency not to recommend that two foreign doctors receiving training in the United States be granted a waiver of a statutory requirement that they return to their countries of origin for two years before being allowed to apply for foreign residency status in the United States.

The question before us in these consolidated cases is a narrow one; namely, whether a district court has jurisdiction to review a decision by the United States Information Agency not to recommend that two foreign doctors receiving training in the United States be granted a waiver of a statutory requirement that they return to their countries of origin for two years before being allowed to apply for foreign residency status in the United States.

Rule

The Administrative Procedure Act precludes judicial review of agency actions that are committed to agency discretion by law.

The Administrative Procedure Act precludes a finding of reviewability based on its general reviewability provisions when 'agency action is committed to agency discretion by law.' 5 U.S.C. 701(a)(2) (1982).

Analysis

The court noted that the most general type of guidance governed USIA action on receipt of a waiver request. Since Congress vested maximum discretion in the USIA director to oppose waivers requested by visiting physicians, the court held that these USIA decisions fell within the narrow exception in the Administrative Procedures Act for agency action committed to agency discretion by law. Therefore, the court concluded that judicial review was foreclosed.

The court noted that the most general type of guidance governed USIA action on receipt of a waiver request. Since Congress vested maximum discretion in the USIA director to oppose waivers requested by visiting physicians, the court held that these USIA decisions fell within the narrow exception in the Administrative Procedures Act for agency action committed to agency discretion by law. Therefore, the court concluded that judicial review was foreclosed.

Conclusion

The court affirmed the district court's decision.

The court affirmed the district court's decision.

Who won?

The United States Information Agency prevailed because the court found that the district court lacked subject matter jurisdiction to review the USIA's decision.

The United States Information Agency prevailed because the court found that the district court lacked subject matter jurisdiction to review the USIA's decision.

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