Remand:
To remand something is to send it back. Remand implies a return. The usual contexts in which this word are encountered are reversal of an appellate decision, and the custody of a prisoner.
When an appellate court reverses the decision of a lower court, the written decision often contains an instruction to remand the case to the lower court to be reconsidered in light of the appellate court’s ruling. Cases are also remanded to Federal agencies for reconsideration in disputes over regulation or administrative decisions. See INS v. Ventura.
A prisoner is said to be remanded when she is sent back into custody to await trial. [Legal Information Institute]
Noted in “Judge Rejects Trump Attempt to Move NY Case to Federal Court,” Gia Kokotakis, Lawfare:
A Southern District of New York judge granted the remand of a case against former President Donald Trump over hush money paid to adult film actress Stormy Daniels in October 2016. Trump had invoked 28 U.S.C. § 1442(a) to try and move the case to federal court.
Contrary to the motion to remand submitted by Manhattan District Attorney Alvin Bragg, in which Bragg argued that Trump was an elected official, rather than an appointed officer of the United States who holds the right to invoke 28 U.S.C. § 1442(a), the judge found that Trump was an officer of the United States during his presidency. However, the judge also found that Trump failed to sufficiently support that his payment to Stormy Daniels was “relating to any act under color of office,” and instead was “purely a personal item of the President—a cover-up of an embarrassing event.” Based on these findings, Judge Alvin K. Hellerstein remanded the case.
