I-4-2-40.Request for Voluntary Remand — Analyst Review Procedures

Last Update: 9/13/05 (Transmittal I-4-15)

OGC or a U.S. Attorney may have concerns about the defensibility of a pending court case and may request the AC to consider the case further. The U.S. Attorney raises concerns through the OGC. The following procedures apply to requests from any OGC office.

Upon receipt of an RVR, the analyst must review the CF or CAR and prepare a brief analysis and recommendation on the "Analysis of Request for Voluntary Remand" (see I-4-2-100). The analyst must forward the case using a Court Case Control and Routing Slip to the AAJ having geographical and numerical responsibility for the case (see I-4-2-99, and I-4-3-103). In analyzing cases, the analyst may presume that issues not raised by OGC are considered defensible. Notwithstanding this presumption, any significant defects in the administrative decision which the analyst discovers must be brought to the attention of the AC.