---
kind: "section"
citation: "28 U.S.C. § 2349"
title: "28"
title_heading: "Judiciary and Judicial Procedure"
number: "2349"
heading: "Jurisdiction of the proceeding"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/28/2349"
units:
  - "Part VI — Particular Proceedings"
  - "Chapter 158 — Orders of Federal Agencies; Review"
---

# §2349. Jurisdiction of the proceeding

- (a) The [court](/usc/28/3002.md?p=2) of appeals has jurisdiction of the proceeding on the filing and service of a petition to review. The [court](/usc/28/3002.md?p=2) 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](/usc/28/3002.md?p=2), and has exclusive jurisdiction to make and enter, on the petition, evidence, and proceedings set forth in the record on review, a [judgment](/usc/28/3002.md?p=8) determining the validity of, and enjoining, setting aside, or suspending, in whole or in part, the order of the [agency](/usc/28/2341.md?p=3).
- (b) The filing of the petition to review does not of itself stay or suspend the operation of the order of the [agency](/usc/28/2341.md?p=3), but the [court](/usc/28/3002.md?p=2) 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](/usc/28/2341.md?p=2) 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](/usc/28/2341.md?p=3) and to the Attorney General. In a case in which irreparable damage would otherwise result to the [petitioner](/usc/28/2341.md?p=2), the [court](/usc/28/3002.md?p=2) of appeals may, on hearing, after reasonable notice to the [agency](/usc/28/2341.md?p=3) 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](/usc/28/2341.md?p=3) 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](/usc/28/3002.md?p=2) of appeals shall contain a specific finding, based on evidence submitted to the [court](/usc/28/3002.md?p=2) of appeals, and identified by reference thereto, that irreparable damage would result to the [petitioner](/usc/28/2341.md?p=2) and specifying the nature of the damage. The [court](/usc/28/3002.md?p=2) 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.

## Source credit

(Added Pub. L. 89–554, § 4(e), Sept. 6, 1966, 80 Stat. 624; amended Pub. L. 98–620, title IV, § 402(29)(F), Nov. 8, 1984, 98 Stat. 3359.)

## Notes

| Historical and Revision Notes |  |  |
| --- | --- | --- |
| Derivation | U.S. Code | Revised Statutes and<br>Statutes at Large |
|  | 5 U.S.C. 1039. | Dec. 29, 1950, ch. 1189, § 9, 64 Stat. 1131. |
|  |  | Sept. 13, 1961, Pub. L. 87–225, § 1, 75 Stat. 497. |

The headnotes of the subsections are omitted as unnecessary and to conform to the style of title 28.

In subsection (a), the words “has jurisdiction” and “has exclusive jurisdiction” are substituted for “shall have jurisdiction” and “shall have exclusive jurisdiction”, respectively. The words “previously granted” are substituted for “theretofore granted” as the preferred expression.

In subsection (b), the words “does not” are substituted for “shall not”. The words “of the United States” following “Attorney General” are omitted as unnecessary. The words “In a case in which” are substituted for “In cases where”. The word “result” is substituted for “ensue”. In the fourth sentence, the words “provided for above” following the last word “application” are omitted as unnecessary. In the last sentence, the word “applies” is substituted for “shall apply”.

### Editorial Notes

### Amendments

1984—Subsec. (b). Pub. L. 98–620 struck out provisions that the hearing on an application for an interlocutory injunction be given preference and expedited and heard at the earliest practicable date after the expiration of the notice of hearing on the application, and that on the final hearing of any proceeding to review any order under this chapter, the same requirements as to precedence and expedition was to apply.

### Statutory Notes and Related Subsidiaries

### Effective Date of 1984 Amendment

Amendment by Pub. L. 98–620 not applicable to cases pending on Nov. 8, 1984, see section 403 of Pub. L. 98–620 set out as an Effective Date note under section 1657 of this title.