§Why CasetextPricing

Garcia v. Johnson et al

MOTION to Dismiss 1 Petition for Writ of Habeas Corpus For Lack Of Subject Matter Jurisdiction, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Upon Which Relief Can Be Granted

59 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 252,784 times   279 Legal Analyses
    Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

  2. Steel Co. v. Citizens for Better Env't

    523 U.S. 83 (1998)   Cited 10,740 times   15 Legal Analyses
    Holding that a court "act ultra vires" when it assumes "hypothetical jurisdiction" in order to rule on the merits

  3. Spencer v. Kemna

    523 U.S. 1 (1998)   Cited 5,590 times   2 Legal Analyses
    Holding that an issue is moot when "there is nothing for us to remedy"

  4. Maleng v. Cook

    490 U.S. 488 (1989)   Cited 3,998 times   1 Legal Analyses
    Holding that to proceed under § 2254 a state prisoner must be "in custody" under the conviction or sentence under attack when the petitioner files the habeas petition

  5. Jones v. Cunningham

    371 U.S. 236 (1963)   Cited 1,828 times   1 Legal Analyses
    Holding that a prisoner who had been placed on parole was still "in custody" under his unexpired sentence

  6. Ardestani v. INS

    502 U.S. 129 (1991)   Cited 448 times
    Holding that even though attorney fees are explicitly permitted by the Equal Access to Justice Act ("EAJA"), deportation proceedings are not ‘adversary adjudication’ under section 554 for which the EAJA waives sovereign immunity from attorney fees

  7. Skelly Oil Co. v. Phillips Co.

    339 U.S. 667 (1950)   Cited 1,868 times   1 Legal Analyses
    Holding Congress enlarged the range of available federal court remedies, not jurisdiction, under the DJA because "[i]t is well-settled that the [DJA] cannot serve as an independent basis for federal subject matter jurisdiction"

  8. Paterson v. Weinberger

    644 F.2d 521 (5th Cir. 1981)   Cited 1,007 times
    Holding that, when faced with factual attack on federal court's subject matter jurisdiction, plaintiff bears the burden "of proving by a preponderance of the evidence that the trial court does have subject matter jurisdiction"

  9. Pierre v. United States

    525 F.2d 933 (5th Cir. 1976)   Cited 271 times
    Holding that "habeas is not available to review questions unrelated to the cause of detention"

  10. Bustamante-Barrera v. Gonzales

    447 F.3d 388 (5th Cir. 2006)   Cited 89 times
    Holding that the petitioner did not meet section 1432's criteria despite a state nunc pro tunc order, which retroactively awarded sole legal custody to the petitioner's citizen mother, because during the relevant time his parents shared joint legal custody

  11. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 345,981 times   922 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 156,250 times   193 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  13. 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."

  14. Section 2241 - Power to grant writ

    28 U.S.C. § 2241   Cited 80,454 times   55 Legal Analyses
    Granting courts authority to determine whether detention is "in violation of the . . . laws . . . of the United States"

  15. Section 2201 - Creation of remedy

    28 U.S.C. § 2201   Cited 24,534 times   61 Legal Analyses
    Granting district courts the authority to create a remedy with the force of a final judgment

  16. Section 1101 - Definitions

    8 U.S.C. § 1101   Cited 16,351 times   91 Legal Analyses
    Finding notice and comment rulemaking is required for the agency's interim rule recognizing fear of coercive family practices as basis for refugee status

  17. Section 701 - Application; definitions

    5 U.S.C. § 701   Cited 9,366 times   36 Legal Analyses
    Adopting the definition given in Section 551

  18. Section 1631 - Transfer to cure want of jurisdiction

    28 U.S.C. § 1631   Cited 7,656 times   16 Legal Analyses
    Granting courts authority to transfer action to court with proper jurisdiction

  19. Section 702 - Right of review

    5 U.S.C. § 702   Cited 7,053 times   24 Legal Analyses
    Granting judicial review of "agency action"

  20. Section 551 - Definitions

    5 U.S.C. § 551   Cited 4,745 times   69 Legal Analyses
    Adopting the definition set out in the APA

  21. Section 51.60 - Denial and restriction of passports

    22 C.F.R. § 51.60   Cited 24 times

    (a) The Department may not issue a passport, except a passport for direct return to the United States, in any case in which the Department determines or is informed by competent authority that: (1) The applicant is in default on a loan received from the United States under 22 U.S.C. 2671(b)(2)(B) for the repatriation of the applicant and, where applicable, the applicant's spouse, minor child(ren), and/or other immediate family members, from a foreign country (see 22 U.S.C. 2671(d) ); or (2) The applicant

  22. Section 51.61 - Denial of passports to certain convicted drug traffickers

    22 C.F.R. § 51.61   Cited 6 times
    Addressing the denial of passports to certain convicted drug offenders