[AndyJackson]

If there is a foundational issue in the facts of the case, do you think the court should put blinders on and ignore it?

You show your ignorance. There is no factual record because there were no proceedings in a lower court to establish a factual record. There were no proceedings because that lower court determined the individual lacked standing. So he appealed. The Appellate Court reversed, which means that they determined Patel had standing, sending the case back to the trial court for a full hearing on the facts of the case, hearing sworn testimony from both sides.

[SoConPubbie]

There is no factual record because there were no proceedings in a lower court to establish a factual record.

Sorry, not true. We may not be talking about the same thing here.

From SHASHIKANT PATEL, Plaintiff-Appellant, v. UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES:

Factual Background
In October 2006, Deluxe Inn, a motel in Lansing, Michigan, filed a Form 9089 with the Department of Labor on Patel’s behalf. In that application, Deluxe Inn claimed that it was offering Patel a position as a lodging manager at an hourly wage of $22.28, or $46,342 per year, that it had advertised the position previously through a notice in two issues of a local newspaper, but that no qualified American workers had applied for the job.