§Why CasetextPricing

Garcon v. Dhs Ice et al

MOTION to Dismiss Complaint re Amended Complaint :

20 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 252,709 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. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 266,625 times   365 Legal Analyses
    Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "

  3. Reno v. American-Arab Anti-Discrimination Com

    525 U.S. 471 (1999)   Cited 1,077 times   1 Legal Analyses
    Holding that "an alien unlawfully in this country has no constitutional right to assert selective enforcement as a defense against his deportation"

  4. Doe v. Chao

    540 U.S. 614 (2004)   Cited 483 times   10 Legal Analyses
    Holding a plaintiff must prove causation in order to obtain damages

  5. Speaker v. U.S. D. H. S

    623 F.3d 1371 (11th Cir. 2010)   Cited 774 times   1 Legal Analyses
    Holding that plaintiff must do more than recite statutory elements in conclusory fashion and instead, must proffer enough factual content to raise a right to relief above the speculative level

  6. Diliberti v. U.S.

    817 F.2d 1259 (7th Cir. 1987)   Cited 123 times
    Holding that plaintiff's "failure to file suit within the time period specified in § 552a(g) deprives the federal courts of subject matter jurisdiction over the action"

  7. Gupta v. McGahey

    709 F.3d 1062 (11th Cir. 2013)   Cited 48 times
    Concluding that the plaintiff's “claims that [an ICE agent] illegally procured an arrest warrant, that the agents illegally arrested him, and that the agents illegally detained him” are “exactly the claims that § 1252(g) bars”

  8. Bergman v. United States

    751 F.2d 314 (10th Cir. 1985)   Cited 79 times
    Holding that a “negligence” claim based on defendant's alleged failure to “correct” plaintiff's work classification records was actually a “misrepresentation, deceit and slander” claim that was barred by the misrepresentation exception

  9. Akutowicz v. U.S.

    859 F.2d 1122 (2d Cir. 1988)   Cited 69 times
    Holding that "withdrawal of a person's citizenship constitutes a quasi-adjudicative action for which no private analog exists."

  10. Foster v. Townsley

    243 F.3d 210 (5th Cir. 2001)   Cited 41 times
    Holding that § 1252(g) precluded a civil suit for wrongful removal

  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 345,885 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. Section 1252 - Judicial review of orders of removal

    8 U.S.C. § 1252   Cited 42,541 times   36 Legal Analyses
    Holding court had no jurisdiction to review "any judgment regarding the granting of relief under section . . . 1229b"

  13. Rule 25 - Substitution of Parties

    Fed. R. Civ. P. 25   Cited 10,694 times   11 Legal Analyses
    Providing for the automatic substitution at the district-court level of public officers sued in their official capacities

  14. Section 552a - Records maintained on individuals

    5 U.S.C. § 552a   Cited 4,429 times   47 Legal Analyses
    Finding that it is a Department of Justice component that has as its principal function the enforcement of criminal laws includ[ing] correctional authorities