---
title: "Isolate candidate APA set-aside grounds in an agency decision"
url: "https://ailawframework.com/practice/administrative-and-public-law/isolate-candidate-questions-of-law-in-a-tribunal-decision/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A31-MO20261022-3-US"
practice_area: "Administrative & Public Law"
tier: "red"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Isolate candidate APA set-aside grounds in an agency decision

> Extract passages from the decision and the record that a lawyer might match to a section 706 set-aside ground. Do not write the petition.

Canonical page: https://ailawframework.com/practice/administrative-and-public-law/isolate-candidate-questions-of-law-in-a-tribunal-decision/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 | Extract passages from the decision and the record that a lawyer might match to a section 706 set-aside ground. Do not write the petition. |
| What the lawyer must review | 5 USC 702 entitles a person suffering legal wrong because of agency action, or adversely affected or aggrieved by agency action within the meaning of a relevant statute, to judicial review. An action seeking relief other than money damages is not dismissed on the ground that it is against the United States. Nothing in that section affects other limitations on review, and it does not confer authority to grant relief if another statute that grants consent to suit forbids the relief sought. 5 USC 706 requires the reviewing court, to the extent necessary and when presented, to decide all relevant questions of law, interpret constitutional and statutory provisions, and determine the meaning or applicability of the terms of an agency action. The court shall compel agency action unlawfully withheld or unreasonably delayed, and hold unlawful and set aside agency action, findings, and conclusions found to be arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; contrary to constitutional right, power, privilege, or immunity; in excess of statutory jurisdiction, authority, or limitations, or short of statutory right; without observance of procedure required by law; unsupported by substantial evidence in a case subject to sections 556 and 557 or otherwise reviewed on the record of an agency hearing provided by statute; or unwarranted by the facts to the extent the facts are subject to trial de novo. The court reviews the whole record or the parts a party cites, and takes due account of the rule of prejudicial error. Do not say review lies only on a question of law. The lawyer writes any petition. |
| Written for | United States |
| Applies to | [Isolate candidate questions of law in a tribunal decision](https://ailawframework.com/practice/administrative-and-public-law/isolate-candidate-questions-of-law-in-a-tribunal-decision.md) |

## Checking plan

- What the AI does: Extract passages from the decision and the record that a lawyer might match to a section 706 set-aside ground. Do not write the petition.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- This is judicial review of federal agency action. It is not a merits review in an administrative tribunal.
- Sections 701, 703, 556, and 557 were not opened. Do not describe who is an agency or when the substantial-evidence ground applies beyond the cross-reference in section 706.

## Sources

- [5 USC 702, Right of review](https://www.law.cornell.edu/uscode/text/5/702) (checked 2026-10-22)
- [5 USC 706, Scope of review](https://www.law.cornell.edu/uscode/text/5/706) (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.*