§Why CasetextPricing

Graves et al v. Uscis

MOTION to Dismiss for Lack of Jurisdiction

22 Cited authorities

  1. Kokkonen v. Guardian Life Ins. Co. of America

    511 U.S. 375 (1994)   Cited 19,199 times   5 Legal Analyses
    Holding that absent a reservation of jurisdiction in the stipulated dismissal order, federal courts lack jurisdiction to consider enforcement of a settlement agreement

  2. Haines v. Kerner

    404 U.S. 519 (1972)   Cited 58,673 times
    Holding pro se submissions "to less stringent standards than formal pleadings drafted by lawyers"

  3. Heckler v. Ringer

    466 U.S. 602 (1984)   Cited 1,757 times   2 Legal Analyses
    Holding that plaintiffs' claims were not wholly collateral to a statutory scheme of administrative and judicial review of Medicare payment decisions, where plaintiffs' constitutional and statutory challenge to an agency's procedure for reaching payment decisions was "at bottom" an attempt to reverse the agency's decision to deny payment

  4. Powell v. McCormack

    395 U.S. 486 (1969)   Cited 3,071 times   1 Legal Analyses
    Holding that the obviation of the petitioner's claim for injunctive relief did not render the whole case moot, when a damages claim for backpay remained

  5. Kerr v. U.S. Dist. Court

    426 U.S. 394 (1976)   Cited 2,093 times   4 Legal Analyses
    Holding that "as a means of implementing the rule that the writ will issue only in extraordinary circumstances," the party seeking the writ must "have no other adequate means to attain the relief he desires"

  6. County of Los Angeles v. Davis

    440 U.S. 625 (1979)   Cited 1,781 times   2 Legal Analyses
    Holding that voluntary cessation can render an issue moot if “there is no reasonable expectation ... that the alleged violation will recur”

  7. McNutt v. Gen. Motors Acceptance Corp.

    298 U.S. 178 (1936)   Cited 5,389 times
    Holding that a plaintiff, when challenged, must provide "competent proof" supporting jurisdictional claim

  8. Iron Arrow Honor Society v. Heckler

    464 U.S. 67 (1983)   Cited 689 times
    Holding that federal courts lack jurisdiction to decide moot cases

  9. Will v. United States

    389 U.S. 90 (1967)   Cited 860 times   2 Legal Analyses
    Vacating unexplained supervisory writ of mandamus but leaving room on remand for another writ with sufficient explanation

  10. Pittston Coal Group v. Sebben

    488 U.S. 105 (1988)   Cited 289 times
    Holding plaintiffs could not later challenge an agency's adjudication because "[t]he agency action [] was not taken pursuant to a secret, internal policy, but under a regulation that was published for all to see"

  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 348,148 times   927 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 1361 - Action to compel an officer of the United States to perform his duty

    28 U.S.C. § 1361   Cited 6,597 times   4 Legal Analyses
    Granting to the district courts "original jurisdiction of any action in the nature of mandamus to compel an officer or employee of the United States or any agency thereof to perform a duty owed to the plaintiff"

  13. Section 1154 - Procedure for granting immigrant status

    8 U.S.C. § 1154   Cited 1,106 times   1 Legal Analyses
    Granting immigrant status

  14. Section 1245.2 - Application

    8 C.F.R. § 1245.2   Cited 196 times
    Granting "exclusive jurisdiction" over the issue to the IJ once removal proceedings are initiated