Ozenne is the 9th Circuit case that announced that the BAP is not “a court established by Act of Congress,” and therefore cannot issue a writ of mandamus. The opinion is here. There is a pretty interesting discussion about “what is a court established by Act of Congress”? The BAP said “that’s us” and then denied the writ. The 9th Circuit panel (two of the three) said the BAP had no jurisdiction and therefore must dismiss the petition for the writ. Read more…