28 Cited authorities

Celotex Corp. v. Catrett
477 U.S. 317 (1986) Cited 217,084 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"
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]'"
Holcomb v. Iona Coll.
521 F.3d 130 (2d Cir. 2008) Cited 1,954 times 10 Legal Analyses
Holding directly that associational discrimination on account of race is unlawful under Title VII
Securities Comm'n v. Chenery Corp.
332 U.S. 194 (1947) Cited 4,157 times 14 Legal Analyses
Holding that reviewing court may consider only grounds invoked by agency
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"
Kyle v. Commissioner of Social Security
609 F.3d 847 (6th Cir. 2010) Cited 784 times
Finding that, where the VE opined that the claimant had a "learned skill of interacting with people," claimant's capabilities were appropriately categorized as skills rather than a simple aptitude for responding appropriately to coworkers.
Ke Zhen Zhao v. United States Department of Justice
265 F.3d 83 (2d Cir. 2001) Cited 790 times
Holding that "we are precluded from passing on the merits of the underlying . . . proceedings" when reviewing the denial of reconsideration
American Textile Mfrs. Inst. v. Donovan
452 U.S. 490 (1981) Cited 312 times
Holding that OSHA is not required to conduct a cost-benefit analysis in promulgating a standard under section 6(b) of the Occupational Safety and Health Act because “Congress uses specific language when intending that an agency engage in cost-benefit analysis”
American Bioscience, Inc. v. Thompson
269 F.3d 1077 (D.C. Cir. 2001) Cited 529 times
Holding that relief on an APA claim "normally will be a vacatur of the agency's order"
McCauley v. First Unum Life Ins. Co.
551 F.3d 126 (2d Cir. 2008) Cited 226 times 2 Legal Analyses
Holding that courts must review de novo a denial of plan benefits unless the plan grants the administrator discretionary authority to determine eligibility for benefits
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 330,026 times 158 Legal Analyses
Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
Section 1331 - Federal question
28 U.S.C. § 1331 Cited 98,004 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."
Section 706 - Scope of review
5 U.S.C. § 706 Cited 20,527 times 185 Legal Analyses
Granting courts jurisdiction to "compel agency action unlawfully held or unreasonably delayed"
Section 1101 - Definitions
8 U.S.C. § 1101 Cited 16,425 times 91 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
Section 1746 - Unsworn declarations under penalty of perjury
28 U.S.C. § 1746 Cited 10,101 times 17 Legal Analyses
Permitting the use of declarations instead
Section 701 - Application; definitions
5 U.S.C. § 701 Cited 9,409 times 36 Legal Analyses
Adopting the definition given in Section 551
Section 704 - Actions reviewable
5 U.S.C. § 704 Cited 4,275 times 31 Legal Analyses
Granting judicial review over " final agency action"
Section 1154 - Procedure for granting immigrant status
8 U.S.C. § 1154 Cited 1,107 times 1 Legal Analyses
Granting immigrant status

Singh v. Board of Immigration Appeals et al

28 Cited authorities

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"

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]'"

Holding directly that associational discrimination on account of race is unlawful under Title VII

Holding that reviewing court may consider only grounds invoked by agency

Finding that, where the VE opined that the claimant had a "learned skill of interacting with people," claimant's capabilities were appropriately categorized as skills rather than a simple aptitude for responding appropriately to coworkers.

Holding that "we are precluded from passing on the merits of the underlying . . . proceedings" when reviewing the denial of reconsideration

Holding that OSHA is not required to conduct a cost-benefit analysis in promulgating a standard under section 6(b) of the Occupational Safety and Health Act because “Congress uses specific language when intending that an agency engage in cost-benefit analysis”

Holding that relief on an APA claim "normally will be a vacatur of the agency's order"

Holding that courts must review de novo a denial of plan benefits unless the plan grants the administrator discretionary authority to determine eligibility for benefits

Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

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."

Granting courts jurisdiction to "compel agency action unlawfully held or unreasonably delayed"

Finding notice and comment rulemaking is required for the agency's interim rule recognizing fear of coercive family practices as basis for refugee status

Permitting the use of declarations instead

Adopting the definition given in Section 551

Granting judicial review over " final agency action"

Granting immigrant status