18 Cited authorities

  1. Anderson v. Liberty Lobby, Inc.

    477 U.S. 242 (1986)   Cited 237,147 times   38 Legal Analyses
    Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"
  2. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 217,112 times   40 Legal Analyses
    Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"
  3. Motor Vehicle Manufacturers Assoc. of the United States, Inc. v. State Farm Mutual Auto. Ins. Co.

    463 U.S. 29 (1983)   Cited 6,658 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]'"
  4. Burlington Truck Lines v. U.S.

    371 U.S. 156 (1962)   Cited 1,947 times   3 Legal Analyses
    Holding a rule invalid under the APA where "the Commission made no findings specifically directed to the choice between two vastly different remedies with vastly different consequences to the carriers and the public . . . [and failed to] articulate any rational connection between the facts found and the choice made"
  5. INS v. Yueh-Shaio Yang

    519 U.S. 26 (1996)   Cited 222 times   1 Legal Analyses
    Holding that once an agency announces and follows a general policy, "an irrational departure from that policy (as opposed to an avowed alteration of it) could constitute action that must be overturned as 'arbitrary, capricious, [or] an abuse of discretion' within the meaning of the Administrative Procedure Act"
  6. Roberts v. Spielman

    643 F.3d 899 (11th Cir. 2011)   Cited 91 times
    Holding that the police officer's warrantless entry did not violate the Fourth Amendment and that he was entitled to qualified immunity where the officer responded to a reliable report that Roberts was suicidal, opened the doorway and stood in the entryway of Roberts's home, stayed long enough to assess the potential harm, and left the property after determining that the threat had passed
  7. Ogbolumani v. Napolitano

    557 F.3d 729 (7th Cir. 2009)   Cited 65 times
    Holding that "the regulation does not require USCIS to provide, in painstaking detail, the evidence of fraud it finds" and that a NOID meets the requirements of § 103.2(b) when it provides enough information to allow the petitioners to "rebut the evidence"
  8. Hassan v. Chertoff

    593 F.3d 785 (9th Cir. 2008)   Cited 45 times
    Finding the plaintiff's procedural due process challenge based on lack of sufficient information to respond failed because the plaintiff "was aware of the information against him. He was questioned about his involvement in the terrorist organization. He was given the opportunity to explain his association during the course of that questioning. The regulation that [the plaintiff] cites requires no more of the government."
  9. Ghafoori v. Napolitano

    713 F. Supp. 2d 871 (N.D. Cal. 2010)   Cited 8 times
    Concluding that violation of § 103.2(b) was prejudicial because it deprived the plaintiff of the ability to make a meaningful rebuttal
  10. Forest Service Employees v. U.S. Forest Service

    689 F. Supp. 2d 891 (W.D. Ky. 2010)   Cited 7 times

    Case No. 5:08-CV-00091-TBR. February 10, 2010. Timothy M. Bechtold, Bechtold Law Firm, PLLC, Mbsoula, MT, for Plaintiffs. Pamela S. West, U.S. Department of Justice-Environment Natural Resources, Washington, DC, for Defendant. MEMORANDUM OPINION THOMAS B. RUSSELL, Chief Judge. This matter is before the Court upon Plaintiffs, Forest Service Employees for Environmental Ethics ("FSEEE") and Daphne Sewing's, Motion for Summary Judgment (Docket # 23). The Defendant, United States Forest Service ("Forest

  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 330,074 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 1331 - Federal question

    28 U.S.C. § 1331   Cited 98,023 times   136 Legal Analyses
    Finding that in order to invoke federal question jurisdiction, a plaintiff's claims must arise "under the Constitution, laws, or treaties of the United States."
  13. Section 706 - Scope of review

    5 U.S.C. § 706   Cited 20,530 times   185 Legal Analyses
    Granting courts jurisdiction to "compel agency action unlawfully held or unreasonably delayed"
  14. Section 702 - Right of review

    5 U.S.C. § 702   Cited 7,101 times   25 Legal Analyses
    Granting judicial review of "agency action"
  15. Section 704 - Actions reviewable

    5 U.S.C. § 704   Cited 4,276 times   31 Legal Analyses
    Granting judicial review over " final agency action"
  16. Section 1154 - Procedure for granting immigrant status

    8 U.S.C. § 1154   Cited 1,107 times   1 Legal Analyses
    Granting immigrant status
  17. Section 1151 - Worldwide level of immigration

    8 U.S.C. § 1151   Cited 838 times
    Listing "immediate relatives" among the categories of immigrants not subject to numerical limitations on the number of visas issued annually