Harvey v. Ute Indian Tribe of the Uintah & Ouray Reservation

LUCERO, Circuit Judge.

Under 28 U.S.C. § 1447(d), a district court order remanding a case to state court is “not reviewable on appeal or otherwise.” Notwithstanding this apparently clear language, federal courts have frequently wrestled with the question of whether the “not reviewable” language of § 1447(d) genuinely precludes appellate review of a remand order. We hold that a district court order remanding because the defendants did not unanimously join or consent to removal is patently “not reviewable.” Further, we conclude that the remand order in this case was colorably characterized as…