Davis

Laureen M. Davis and Zachary A. Davis, a minor, petition for review of the decision of the Bureau of Justice Assistance, United States Department of Justice (Bureau) denying their claim for benefits under the Public Safety Officers’ Benefits Act (PSOBA), 42 U.S.C. §§ 3796 -3796c. A question has arisen about jurisdiction, which we must consider at the outset.

The PSOBA does not explicitly confer jurisdiction on the federal appellate courts. However, we previously held in Russell v. Law Enforcement Assistance Admin., 637 F.2d 1255 (9th Cir.1980), that the denial of an application for PSOBA benefits is subject to judicial review in this court. Our decision was premised on the assumption that judicial review was otherwise unavailable, and that the presumption against preclusion of review of agency action should be applied to construe the statute in favor of jurisdiction. Since Russell was decided, it has become clear that the Court of Federal Claims has jurisdiction to review decisions under the PSOBA and that the circuit courts of appeals may transfer a petition for review to that court. This undermines our holding in Russell. Having looked afresh at the issue, we do not believe…