Practice Tip: The Government Answered a Complaint Alleging Administrative Procedure Act Violations – Now What?

Practice Tip: The Government Answered a Complaint Alleging Administrative Procedure Act Violations – Now What?

November 20, 2020

This practice tip responds to a frequent question from attorneys new to federal court litigation who filed a lawsuit claiming the government violated the Administrative Procedure Act (APA)such as a complaint challenging an employment-based immigration petition denial: “I just received the government’s answer. Now what?” It explains next steps: the government’s filing of the certified administrative record followed by the parties moving for summary judgment. The practice tip also explains how to find the applicable ruleshow timeframes are set, what the administrative record should contain, and what standard of review applies to an APA action. 

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