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U.S. Code as of:
01/19/04
Section 2349. Jurisdiction of the proceeding
(a) The court of appeals has jurisdiction of the proceeding on
the filing and service of a petition to review. The court of
appeals in which the record on review is filed, on the filing, has
jurisdiction to vacate stay orders or interlocutory injunctions
previously granted by any court, and has exclusive jurisdiction to
make and enter, on the petition, evidence, and proceedings set
forth in the record on review, a judgment determining the validity
of, and enjoining, setting aside, or suspending, in whole or in
part, the order of the agency.
(b) The filing of the petition to review does not of itself stay
or suspend the operation of the order of the agency, but the court
of appeals in its discretion may restrain or suspend, in whole or
in part, the operation of the order pending the final hearing and
determination of the petition. When the petitioner makes
application for an interlocutory injunction restraining or
suspending the enforcement, operation, or execution of, or setting
aside, in whole or in part, any order reviewable under this
chapter, at least 5 days' notice of the hearing thereon shall be
given to the agency and to the Attorney General. In a case in which
irreparable damage would otherwise result to the petitioner, the
court of appeals may, on hearing, after reasonable notice to the
agency and to the Attorney General, order a temporary stay or
suspension, in whole or in part, of the operation of the order of
the agency for not more than 60 days from the date of the order
pending the hearing on the application for the interlocutory
injunction, in which case the order of the court of appeals shall
contain a specific finding, based on evidence submitted to the
court of appeals, and identified by reference thereto, that
irreparable damage would result to the petitioner and specifying
the nature of the damage. The court of appeals, at the time of
hearing the application for an interlocutory injunction, on a like
finding, may continue the temporary stay or suspension, in whole or
in part, until decision on the application.
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