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10 U.S.C. § 1508Judicial review

submitted 30 years ago by Pub. L. 104-106 to r/title-10-ARMED-FORCES · 191 words · no verdicts yet

in plain englishAI-generated · not legal advice

A primary next of kin or previously designated person may ask a federal district court to review certain findings that a missing person is dead. Review is limited to information that could affect the case but was not adequately considered administratively.

(a) Right of Review .— A person who is the primary next of kin (or the previously designated person) of a person who is the subject of a finding described in subsection (b) may obtain judicial review in a United States district court of that finding, but only on the basis of a claim that there is information that could affect the status of the missing person’s case that was not adequately considered during the administrative review process under this chapter. Any such review must be as provided in section 706 of title 5 . (b) Findings for Which Judicial Review May Be Sought .— Subsection (a) applies to the following findings: (1) A finding by a board appointed under section 1504 or 1505 of this title that a missing person is dead. (2) A finding by a board appointed under section 1509 of this title that confirms that a missing person formerly declared dead is in fact dead. (c) Subsequent Review .— Appeals from a decision of the district court must be taken to the appropriate United States court of appeals and to the Supreme Court as provided by law.
the actual law source: uscode.house.gov ↗public domain
(a)Right of Review.—

A person who is the primary next of kin (or the previously designated person) of a person who is the subject of a finding described in subsection (b) may obtain judicial review in a United States district court of that finding, but only on the basis of a claim that there is information that could affect the status of the missing person’s case that was not adequately considered during the administrative review process under this chapter. Any such review shall be as provided in section 706 of title 5.

(b)Findings for Which Judicial Review May Be Sought.—

Subsection (a) applies to the following findings:

(1)

A finding by a board appointed under section 1504 or 1505 of this title that a missing person is dead.

(2)

A finding by a board appointed under section 1509 of this title that confirms that a missing person formerly declared dead is in fact dead.

(c)Subsequent Review.—

Appeals from a decision of the district court shall be taken to the appropriate United States court of appeals and to the Supreme Court as provided by law.

Source credit: (Added Pub. L. 104–106, div. A, title V, § 569(b)(1), Feb. 10, 1996, 110 Stat. 348.)

history & why it existsrecord from the source credit
  • 1996Enacted · Pub. L. 104-106 · 110 Stat. 348

A history note hasn’t been published yet. The record shows enactment by Pub. L. 104-106 on 1996-02-10.

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