37 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 254,855 times   280 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 268,629 times   367 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. Tellabs v. Makor Issues Rights

    551 U.S. 308 (2007)   Cited 9,187 times   104 Legal Analyses
    Holding that a strong inference is one that is "cogent and at least as compelling as any opposing inference"
  4. 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
  5. Leatherman v. Tarrant County Narcotics Intelligence & Coordination Unit

    507 U.S. 163 (1993)   Cited 5,131 times   2 Legal Analyses
    Holding that there is no heightened pleading requirement in § 1983 suits against municipalities
  6. Church of Scientology of California v. United States

    506 U.S. 9 (1992)   Cited 1,596 times   1 Legal Analyses
    Holding that an appeal concerning produced tape recordings was not moot because a court could "effectuate a partial remedy by ordering the [receiving party] to destroy" copies of the recordings
  7. 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
  8. Jerome Stevens Pharm v. Food Drug Admin

    402 F.3d 1249 (D.C. Cir. 2005)   Cited 1,039 times   2 Legal Analyses
    Holding that courts may look beyond pleadings in the complaint to ascertain their own jurisdiction
  9. Jean v. Nelson

    472 U.S. 846 (1985)   Cited 384 times
    Holding that the governing statute provided adequate relief to petitioners and made it unnecessary to address the constitutional issue
  10. Grand Lodge of Frat. Order of Police v. Ashcroft

    185 F. Supp. 2d 9 (D.D.C. 2001)   Cited 755 times   1 Legal Analyses
    Holding that the court has an "affirmative obligation to ensure that it is acting within the scope of its jurisdictional authority"
  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   929 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 42,694 times   36 Legal Analyses
    Holding court had no jurisdiction to review "any judgment regarding the granting of relief under section . . . 1229b"
  13. Section 1158 - Asylum

    8 U.S.C. § 1158   Cited 10,467 times   4 Legal Analyses
    Holding a "pattern or practice" of persecution requires it be "systemic, pervasive, or organized"
  14. Section 1231 - Detention and removal of aliens ordered removed

    8 U.S.C. § 1231   Cited 7,827 times   13 Legal Analyses
    Concluding that once petitioner's removal order was reinstated, he was no longer eligible for "relief" in the form of adjustment of status-even if he could obtain a Form I-212 waiver
  15. Section 1229a - Removal proceedings

    8 U.S.C. § 1229a   Cited 6,316 times   8 Legal Analyses
    Granting a noncitizen the right to file one motion to reopen and providing that “the motion to reopen shall be filed within 90 days of the date of entry of a final administrative order of removal”
  16. Section 1225 - Inspection by immigration officers; expedited removal of inadmissible arriving aliens; referral for hearing

    8 U.S.C. § 1225   Cited 1,284 times   16 Legal Analyses
    Setting standard for credible fear as "a significant possibility, taking into account the ... statements made by the alien ... and such other facts as are known to the officer, that the alien could establish eligibility for asylum"
  17. Section 1003.42 - Review of credible fear determinations

    8 C.F.R. § 1003.42   Cited 16 times   1 Legal Analyses

    (a)Referral. Jurisdiction for an immigration judge to review a negative fear determination by an asylum officer pursuant to section 235(b)(1)(B) of the Act shall commence with the filing by DHS of the Notice of Referral to Immigration Judge. DHS shall also file with the notice of referral a copy of the written record of determination as defined in section 235(b)(1)(B)(iii)(II) of the Act, including a copy of the alien's written request for review, if any. (b)Record of proceeding. The Immigration