33 Cited authorities

Marsh v. Oregon Natural Resources Council
490 U.S. 360 (1989) Cited 2,003 times 2 Legal Analyses
Holding that courts must defer to the "informed discretion" of federal agencies where the agencies’ decisions require "a high level of technical expertise" (quoting Kleppe v. Sierra Club , 427 U.S. 390, 412, 96 S.Ct. 2718, 49 L.Ed.2d 576 (1976) )
Bowman Transportation, Inc. v. Arkansas-Best Freight System, Inc.
419 U.S. 281 (1974) Cited 1,976 times 4 Legal Analyses
Holding that "[w]e can discern in the Commission's opinion a rational basis for its treatment of the evidence, and the `arbitrary and capricious' test does not require more"
Camp v. Pitts
411 U.S. 138 (1973) Cited 1,962 times 1 Legal Analyses
Holding that "the focal point for judicial review" of whether agency action is arbitrary and capricious "should be the administrative record already in existence, not some new record made initially in the reviewing court"
Alaska Dept. of E. C. P. A. v. E. P. A.
540 U.S. 461 (2004) Cited 537 times 3 Legal Analyses
Holding that the EPA could overrule the state agency's construction of the term “best available control technology” in the Clean Air Act”
Kungys v. United States
485 U.S. 759 (1988) Cited 694 times 2 Legal Analyses
Holding that the government must meet its burden with "clear, unequivocal, and convincing" evidence
American Bioscience, Inc. v. Thompson
269 F.3d 1077 (D.C. Cir. 2001) Cited 526 times
Holding that relief on an APA claim "normally will be a vacatur of the agency's order"
Sierra Club v. Mainella
459 F. Supp. 2d 76 (D.D.C. 2006) Cited 351 times
Holding agency failed to take a hard look at environmental impacts “as evidenced by the lack of explanations supporting its conclusions”
Marshall County Health Care Auth. v. Shalala
988 F.2d 1221 (D.C. Cir. 1993) Cited 404 times
Holding that in agency review context there was no real distinction between questions presented in Rule 12(b) motion to dismiss and motion for summary judgment
Spencer Enterprises, Inc. v. U.S.
345 F.3d 683 (9th Cir. 2003) Cited 234 times 1 Legal Analyses
Holding that provisions providing that the Attorney General "may" take certain action vest unreviewable "ultimate authority ... in the discretion of the Attorney General"
Indrawati v. U.S. Attorney Gen.
779 F.3d 1284 (11th Cir. 2015) Cited 160 times
Finding no due process violation on claim that IJ impermissibly admitted and relied on evidence
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 328,775 times 158 Legal Analyses
Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
Section 1331 - Federal question
28 U.S.C. § 1331 Cited 97,434 times 134 Legal Analyses
Finding that in order to invoke federal question jurisdiction, a plaintiff's claims must arise "under the Constitution, laws, or treaties of the United States."
Section 706 - Scope of review
5 U.S.C. § 706 Cited 20,443 times 184 Legal Analyses
Granting courts jurisdiction to "compel agency action unlawfully held or unreasonably delayed"
Rule 25 - Substitution of Parties
Fed. R. Civ. P. 25 Cited 10,697 times 11 Legal Analyses
Providing for the automatic substitution at the district-court level of public officers sued in their official capacities
Section 1182 - Inadmissible aliens
8 U.S.C. § 1182 Cited 9,714 times 66 Legal Analyses
Holding deportable aliens who have been convicted of "crimes involving moral turpitude"
Section 702 - Right of review
5 U.S.C. § 702 Cited 7,053 times 24 Legal Analyses
Granting judicial review of "agency action"
Section 1451 - Revocation of naturalization
8 U.S.C. § 1451 Cited 578 times 5 Legal Analyses
Empowering the government to "institute proceedings in any district court of the United States in the judicial district in which the naturalized citizen may reside ... for the purpose of revoking and setting aside the order admitting such person to citizenship"
Section 1361 - Burden of proof upon alien
8 U.S.C. § 1361 Cited 317 times
Providing that the burden of proof to show time, place, and manner of entry into the United States shifts to the alien once alienage is established
Section 204.2 - Petitions for relatives, widows and widowers, and abused spouses and children
8 C.F.R. § 204.2 Cited 409 times 2 Legal Analyses
Conferring priority date retention on a derivative beneficiary only "if the subsequent petition is filed by the same petitioner"
Section 103.3 - [Effective 4/1/2024] Denials, appeals, and precedent decisions
8 C.F.R. § 103.3 Cited 191 times
Outlining administrative appeals system

Bolero, Inc. et al v. Johnson et al

33 Cited authorities

Holding that courts must defer to the "informed discretion" of federal agencies where the agencies’ decisions require "a high level of technical expertise" (quoting Kleppe v. Sierra Club , 427 U.S. 390, 412, 96 S.Ct. 2718, 49 L.Ed.2d 576 (1976) )

Holding that "[w]e can discern in the Commission's opinion a rational basis for its treatment of the evidence, and the `arbitrary and capricious' test does not require more"

Holding that "the focal point for judicial review" of whether agency action is arbitrary and capricious "should be the administrative record already in existence, not some new record made initially in the reviewing court"

Holding that the EPA could overrule the state agency's construction of the term “best available control technology” in the Clean Air Act”

Holding that the government must meet its burden with "clear, unequivocal, and convincing" evidence

Holding that relief on an APA claim "normally will be a vacatur of the agency's order"

Holding agency failed to take a hard look at environmental impacts “as evidenced by the lack of explanations supporting its conclusions”

Holding that in agency review context there was no real distinction between questions presented in Rule 12(b) motion to dismiss and motion for summary judgment

Holding that provisions providing that the Attorney General "may" take certain action vest unreviewable "ultimate authority ... in the discretion of the Attorney General"

Finding no due process violation on claim that IJ impermissibly admitted and relied on evidence

Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

Finding that in order to invoke federal question jurisdiction, a plaintiff's claims must arise "under the Constitution, laws, or treaties of the United States."

Granting courts jurisdiction to "compel agency action unlawfully held or unreasonably delayed"

Providing for the automatic substitution at the district-court level of public officers sued in their official capacities

Holding deportable aliens who have been convicted of "crimes involving moral turpitude"

Granting judicial review of "agency action"

Empowering the government to "institute proceedings in any district court of the United States in the judicial district in which the naturalized citizen may reside ... for the purpose of revoking and setting aside the order admitting such person to citizenship"

Providing that the burden of proof to show time, place, and manner of entry into the United States shifts to the alien once alienage is established

Conferring priority date retention on a derivative beneficiary only "if the subsequent petition is filed by the same petitioner"

Outlining administrative appeals system