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Mariano Javier Bazaldua-Hernandez v. Leon Rodriguez et al

NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiff's Complaint

28 Cited authorities

  1. Marsh v. Oregon Natural Resources Council

    490 U.S. 360 (1989)   Cited 2,001 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) )

  2. Florida Power Light Co. v. Lorion

    470 U.S. 729 (1985)   Cited 1,878 times   1 Legal Analyses
    Holding that the Hobbs Act vests in the court of appeals initial judicial review authority over an NRC order denying a petition under 10 C.F.R. § 2.206 for suspension of an operating license

  3. INS v. Aguirre-Aguirre

    526 U.S. 415 (1999)   Cited 809 times   2 Legal Analyses
    Holding that the Board's construction of the statutes it administers warrants Chevron deference

  4. Camp v. Pitts

    411 U.S. 138 (1973)   Cited 1,961 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"

  5. 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"

  6. Lands Council v. Powell

    395 F.3d 1019 (9th Cir. 2004)   Cited 475 times   1 Legal Analyses
    Holding that reliance on 13–year–old habitat studies was arbitrary and capricious

  7. 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”

  8. Occidental Engineering Co. v. I.N.S.

    753 F.2d 766 (9th Cir. 1985)   Cited 643 times
    Finding that plaintiff's editing role was not equivalent to a specialty occupation because he did not supervise journalists

  9. American Ship Bldg. v. Labor Board

    380 U.S. 300 (1965)   Cited 350 times   4 Legal Analyses
    Holding that a lockout "for the sole purpose of bringing economic pressure to bear in support of [the employer's] legitimate bargaining position" is lawful

  10. Arizona Cattle Growers' Ass'n v. United States Fish & Wildlife

    273 F.3d 1229 (9th Cir. 2001)   Cited 311 times   2 Legal Analyses
    Holding that "it was arbitrary and capricious for the Fish and Wildlife Service to issue terms and conditions so vague as to preclude compliance therewith"

  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 328,681 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  12. Section 706 - Scope of review

    5 U.S.C. § 706   Cited 20,437 times   184 Legal Analyses
    Granting courts jurisdiction to "compel agency action unlawfully held or unreasonably delayed"

  13. Section 1101 - Definitions

    8 U.S.C. § 1101   Cited 16,346 times   92 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

  14. Section 1361 - Burden of proof upon alien

    8 U.S.C. § 1361   Cited 316 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

  15. Section 103.5 - Reopening or reconsideration

    8 C.F.R. § 103.5   Cited 208 times
    Authorizing officers to exercise their discretion to excuse untimely filing of motion to reopen or reconsider where movant demonstrates that delay was reasonable and beyond the movant's control