When will a Judge dismiss an appeal?

CFR · 2024-01-01 · US · Title 13

The presiding Judge must dismiss the appeal if: (a) The appeal is untimely filed under § 134.1303; (b) The appeal does not, on its face, allege facts that if proven to be true, warrant reversal or modification of the determination; or (c) The matter has been decided or is the subject of adjudication before a court of competent jurisdiction over such matters; however, once an appeal has been filed, initiation of litigation of the matter in a court of competent jurisdiction will not preclude the Judge from rendering a final decision on the matter.

official document · source cfr-2024 · id 13:§ 134.1309