"But you say that 4617(f) has barred review of unlawful action."
rek, Thanks,
You are quoting me wrongly. I said "In FnF cases, FHFA is using 4617(f) bar on judicial review to prevent Courts from reviewing whether FHFA decisions are lawful or unlawful. "
9th/11th Circuits have ruled that 4617(f) does not bar judicial review of unlawful decisions by FHFA. Plaintiff's allegation are considered to be true before court decides otherwise, so catch 22 does not arise.