28 C.F.R. § 1.11
Advisory nature of regulations
The regulations contained in this part are advisory only and for the internal guidance of Department of Justice personnel. They create no enforceable rights in persons applying for executive clemency, nor do they restrict the authority granted to the President under Article II, section 2 of the Constitution.
Notes of Decisions
Cited in 4
cases (1 in the last 5 years), 2004–2025 · leading case: Griggs v. Fleming, 88 F. App'x 705 (5th Cir. 2004).
Griggs v. Fleming, 88 F. App'x 705 (5th Cir. 2004). “Because Griggs had no constitutional right to a Presidential pardon, he was not entitled to due process in connection with the procedure by which his petition for a pardon was considered. See id. Griggs cites no relevant authority to the contrary.”
Mitchell v. Barr (D.D.C. 2020). “” 28 C.F.R. § 1.11 . This should come as no surprise, as the U.”
Montgomery v. Barr (D.D.C. 2020). “See 28 C.F.R. § 1.11 (“The regulations contained in this part are advisory only and for the internal guidance of Department of Justice personnel.”
Abdul-Sabur v. Dep't of Just. (W.D. Va. 2025). “at 528. “As the relevant federal regulations acknowledge at the outset, they ‘are advisory only and for the internal guidance of Department of Justice personnel.”
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