Decision of the US Federal Circuit Court to Dismiss Ashford University’s Lawsuit against VA (Decided: March 3, 2020)

Ashford petitions this court for review, contending that the Cure Letter “announces” new “rules” and that 38 U.S.C. § 502 provides this court with jurisdiction to review those alleged rules. Appellant’s Br. 19, 48. On the merits, Ashford argues that these alleged rules are invalid, and requests that this court “hold unlawful and set aside” the rules. Id. at 52.

We conclude that the Cure Letter is not rulemaking or any other action reviewable under section 502. The Cure Letter is also not subject to judicial review because it is not a final agency action under the Administrative Procedure Act (“APA”). We accordingly dismiss the petition.

Ashford University v. Sec. VA 18-1213 Mar. 3 2020