210 (1998). A. Jurisdiction At oral argument the Government asserted that, because the State Department had not finished reviewing the plaintiffs’ document request pursuant to its Touhy regulations before the plaintiffs filed their motion to compel compliance with the subpoena, the Department had not as of then taken any final action subject to judicial review. Despite the Government’s tardiness in presenting this objection, we must consider it because, under the Administrative Procedure Act, 5 U.S.C. § 704, without final agency action we do not have jurisdiction to proceed. The objection need not long detain us, however. An agency’s denial of a request is final agency action for the purpose of § 704. See, e.g., Envtl. Def. Fund v. Reilly, 909 F.2d 1497, 1504 n. 97 (D.C.Cir.1990) (<HOLDING>). Indeed, the Fourth Circuit has held
holding agencys denial of petition for rulemaking final per  704 holding that noncriminal aliens could seek review of the agencys orders through either a petition for review or a  2241 petition holding that a denial of a claim of qualified immunity is an appealable final decision holding that denial of access per se is noncompensable holding that california supreme courts denial of habeas petition becomes final thirty days after filing