He said the more natural reading of the law at stake is that it authorizes detention "until the end of the applicable proceedings," and that "there is no justification for any of the procedural requirements" that the appeals court added.
(b) An involuntary allotment shall not exceed the lesser of 25percentt of a member's pay subject to involuntary allotment or the maximum percentage of pay subject to garnishment proceedings under the applicable State law.
Petitioner's legitimate claim thus having been presented and rejected, there can be no doubt that he had exhausted the reasonable possibility of administrative proceedings under the applicable regulation.
(6) The member's pay is already subject to one or more involuntary allotments or garnishments that equal the lesser of 25percentt of the member's pay subject to involuntary allotment or the maximum percentage of pay subject to garnishment proceedings under the applicable State law.
(A) That an application for the establishment of an involuntary allotment for the lesser of 25percentt of the member's pay subject to involuntary allotment or the maximum percentage of pay subject to garnishment proceedings under the applicable State law has been received.
18 It follows that petitioner, having exhausted administrative proceedings under the applicable 1955 regulation, properly resorted to the Court of Claims which Congress has invested with jurisdiction to entertain claims asserted against the United States and founded upon 'any regulation of an executive department.' 28 U.S.C. 1491.
"ICE may use appropriate facilities to detain family units together during their immigration proceedings, consistent with applicable law," wrote Nielsen and Alex Azar, Secretary of HHS, in the proposal, which is open for comments for the next 60 days.
The right has been held applicable to proceedings before a grand jury, Counselman v. Hitchcock, supra; to civil proceedings, McCarthy v. Arndstein, 266 U.S. 34, 45 S.Ct.
The provisions of this section are not applicable to proceedings to review decisions of the Tax Court of the United States or to proceedings to review or enforce those orders of administrative agencies, boards, commissions, or officers which are by law reviewable or enforceable by the district courts.
