2 U.S.C. § 1407 — Judicial review of Board decisions and enforcement

(a) Jurisdiction. (1) The United States Court of Appeals for the Federal Circuit has jurisdiction over a petition by: (A) a party harmed by a final Board^* decision under section 1406(e) in a case under part A of subchapter II; (B) a charging individual or respondent petitioning under section 1331(d)(4); (C) the General Counsel^* or a respondent petitioning under section 1341(c)(5); or (D) the General Counsel or a respondent petitioning under section 1351(c)(3). The Federal Circuit has exclusive jurisdiction to set aside, suspend in whole or part, determine the validity of, or otherwise review the Board’s decision. (2) It also has jurisdiction over a petition by the General Counsel, filed in the Office’s name at the Board’s direction, to enforce a final decision under section 1405(g) or 1406(e) concerning a violation of subchapter II part A, B, C, or D.

(b) (1) Respondents. (A) In a petition under (a)(1)(A) or (B), or a petition by someone other than the General Counsel under (a)(1)(C) or (D), the Office^* is the respondent. Any Board party may also become a respondent by filing an election notice within 30 days after the petition is served. (B) In a petition by the General Counsel under (a)(1)(C) or (D), the prevailing party in the final section 1406(e) decision is the respondent. Any other Board party may elect to be a respondent within 30 days after service. (C) In an enforcement petition under (a)(2), the party that the General Counsel determines failed to comply with the final decision is the respondent. (2) A party that participated in the section 1406 Board proceeding and was not made respondent may intervene as of right.

(c) Chapter 158 of title 28 governs review under (a)(1), with these changes: service where the Office is respondent is on the General Counsel, not the Attorney General; section 2348’s rules about the Attorney General do not apply; review must be filed within 90 days after the final decision is entered in the Office’s records; and the Office is an “agency” for chapter 158. This section does not define “agency” beyond that direction.

(d) To the extent needed and when presented, the court decides relevant legal questions and interprets constitutional and statutory provisions. It must set aside a final Board decision that is arbitrary, capricious, an abuse of discretion, or otherwise unlawful; not made through required procedures; or unsupported by substantial evidence.

(e) The court reviews the whole record, or cited parts, and must account for prejudicial error.