---
title: "List facts for a stay of federal agency action pending review"
url: "https://ailawframework.com/practice/administrative-and-public-law/build-the-stay-and-suspension-record-for-a-decision-under-review/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A31-MO20261022-4-US"
practice_area: "Administrative & Public Law"
tier: "red"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# List facts for a stay of federal agency action pending review

> List what the decision requires the client to do, and the facts the file gives about harm if it takes effect. Do not write the stay application.

Canonical page: https://ailawframework.com/practice/administrative-and-public-law/build-the-stay-and-suspension-record-for-a-decision-under-review/united-states  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Administrative & Public Law](https://ailawframework.com/practice/administrative-and-public-law.md) |
| Human involvement | Red: Lawyer writes; AI may check, clarify or collect data |
| How AI is used | List what the decision requires the client to do, and the facts the file gives about harm if it takes effect. Do not write the stay application. |
| What the lawyer must review | 5 USC 705: when an agency finds that justice so requires, it may postpone the effective date of action taken by it, pending judicial review. On such conditions as may be required and to the extent necessary to prevent irreparable injury, the reviewing court, including a court on appeal or on application for certiorari or other writ, may issue all necessary and appropriate process to postpone the effective date of an agency action or to preserve status or rights pending conclusion of the review proceedings. Filing for review does not itself postpone the action. 5 USC 702 is the judicial-review sentence this stay sits in, including its preservation of other limitations on review. The lawyer writes any application and decides the conditions. |
| Written for | United States |
| Applies to | [Build the stay and suspension record for a decision under review](https://ailawframework.com/practice/administrative-and-public-law/build-the-stay-and-suspension-record-for-a-decision-under-review.md) |

## Checking plan

- What the AI does: List what the decision requires the client to do, and the facts the file gives about harm if it takes effect. Do not write the stay application.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- Do not copy a tribunal stay practice into a federal petition.
- Section 705 does not list the factors the court uses beyond irreparable injury, conditions, and the extent necessary. Do not add factors from memory.

## Sources

- [5 USC 705, Relief pending review](https://www.law.cornell.edu/uscode/text/5/705) (checked 2026-10-22)
- [5 USC 702, Right of review](https://www.law.cornell.edu/uscode/text/5/702) (checked 2026-10-22)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*