§Why CasetextPricing

Mirror Lake Village, Llc et al v. Johnson et al

MOTION for Summary Judgment

33 Cited authorities

  1. Motor Vehicle Manufacturers Assoc. of the United States, Inc. v. State Farm Mutual Auto. Ins. Co.

    463 U.S. 29 (1983)   Cited 6,646 times   50 Legal Analyses
    Holding that " `settled course of behavior embodies the agency's informed judgment that, by pursuing that course, it will carry out the policies [of applicable statutes or regulations]'"

  2. Auer v. Robbins

    519 U.S. 452 (1997)   Cited 2,340 times   90 Legal Analyses
    Holding that a federal agency's interpretation of a regulation is controlling where it is not "plainly erroneous or inconsistent with the regulation"

  3. Citizens to Preserve Overton Park v. Volpe

    401 U.S. 402 (1971)   Cited 5,975 times   8 Legal Analyses
    Holding a decision is committed to agency discretion when there is "no law to apply"

  4. Thomas Jefferson Univ. v. Shalala

    512 U.S. 504 (1994)   Cited 1,277 times   5 Legal Analyses
    Holding that "the agency’s interpretation must be given controlling weight unless it is plainly erroneous or inconsistent with the regulation"

  5. Camp v. Pitts

    411 U.S. 138 (1973)   Cited 1,966 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"

  6. Decker v. Nw. Envtl. Def. Ctr. Ga.-Pac. W., Inc.

    568 U.S. 597 (2013)   Cited 289 times   16 Legal Analyses
    Holding that agencies' interpretations of their own regulations are entitled to deference

  7. Good Samaritan Hosp. v. Shalala

    508 U.S. 402 (1993)   Cited 355 times
    Holding that "the consistency of an agency's position is a factor in assessing the weight that position is due" and that "agency interpretation of a relevant provision which conflicts with the agency's earlier interpretation is entitled to considerably less deference than a consistently held agency view."

  8. Bowles v. Seminole Rock Co.

    325 U.S. 410 (1945)   Cited 1,242 times   30 Legal Analyses
    Holding that an agency's interpretation of its own regulation must comport with "the plain words of the regulation"

  9. American Bioscience, Inc. v. Thompson

    269 F.3d 1077 (D.C. Cir. 2001)   Cited 527 times
    Holding that relief on an APA claim "normally will be a vacatur of the agency's order"

  10. 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”

  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 329,569 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 20,494 times   185 Legal Analyses
    Granting courts jurisdiction to "compel agency action unlawfully held or unreasonably delayed"

  13. Section 1153 - Allocation of immigrant visas

    8 U.S.C. § 1153   Cited 1,164 times   10 Legal Analyses
    Determining an applicant's age as " the age of the alien on the date on which an immigrant visa number becomes available for such alien . . . but only if the alien has sought to acquire the status of an alien lawfully admitted for permanent residence within one year of such availability; reduced by (B) the number of days in the period during which the applicable petition . . . was pending"

  14. Section 1154 - Procedure for granting immigrant status

    8 U.S.C. § 1154   Cited 1,103 times   1 Legal Analyses
    Granting immigrant status

  15. Section 1361 - Burden of proof upon alien

    8 U.S.C. § 1361   Cited 321 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

  16. Section 1186b - Conditional permanent resident status for certain alien entrepreneurs, spouses, and children

    8 U.S.C. § 1186b   Cited 60 times   1 Legal Analyses
    In § 1186b(b)(2) and § 1186b(c)(3)(D), the statute allows "[a ]ny alien whose permanent resident status is terminated," to request a review of the termination.

  17. Section 103.3 - Denials, appeals, and precedent decisions

    8 C.F.R. § 103.3   Cited 192 times
    Outlining administrative appeals system

  18. Section 204.6 - Petitions for employment creation immigrants

    8 C.F.R. § 204.6   Cited 138 times   7 Legal Analyses
    Regulating the “required amounts of capital”

  19. Section 216.6 - Petition by investor to remove conditional basis of lawful permanent resident status

    8 C.F.R. § 216.6   Cited 38 times
    In 8 C.F.R. § 216.6(d), examples of the appropriate documentation include tax returns, to show that the enterprise was in fact established; an audited financial statement, to show that the alien had actually invested; and bank statements, invoices, receipts, contracts, business licenses, and payroll records to show that the petitioner had sustained the actions throughout the two year conditional residence period.