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State of Texas et al v. United States of America et al

RESPONSE in Opposition to 5 Opposed MOTION for Preliminary Injunction

139 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 252,709 times   279 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. Winter v. Natural Res. Def. Council, Inc.

    555 U.S. 7 (2008)   Cited 16,781 times   56 Legal Analyses
    Holding that a plaintiff must establish "that he is likely to suffer irreparable harm"

  3. Lujan v. Defs. of Wildlife

    504 U.S. 555 (1992)   Cited 27,832 times   138 Legal Analyses
    Holding that the elements of standing "must be supported in the same way as any other matter on which the plaintiff bears the burden of proof"

  4. Lewis v. Casey

    518 U.S. 343 (1996)   Cited 14,285 times   5 Legal Analyses
    Holding that a prisoner must show an actual injury to state a claim for denial of access to courts

  5. Steel Co. v. Citizens for Better Env't

    523 U.S. 83 (1998)   Cited 10,733 times   15 Legal Analyses
    Holding that a court "act ultra vires" when it assumes "hypothetical jurisdiction" in order to rule on the merits

  6. Clapper v. Amnesty Int'l USA

    568 U.S. 398 (2013)   Cited 3,054 times   169 Legal Analyses
    Holding that respondents could not establish injury by relying on a "speculative chain of possibilities"

  7. Lexmark Int'l, Inc. v. Static Control Components, Inc.

    572 U.S. 118 (2014)   Cited 2,835 times   69 Legal Analyses
    Holding that a plaintiff seeking to bring suit under a federal statute must show not only that he has standing under Article III, but also that his "complaint fall within the zone of interests protected by the law" invoked

  8. Daimlerchrysler Corp. v. Cuno

    547 U.S. 332 (2006)   Cited 2,647 times   7 Legal Analyses
    Holding that an injury a plaintiff "suffers in some indefinite way in common with people generally" is not a cognizable injury-in-fact

  9. Warth v. Seldin

    422 U.S. 490 (1975)   Cited 11,862 times   14 Legal Analyses
    Holding that Article III requires plaintiffs "to establish that, in fact, the asserted injury was the consequence of the defendants' actions"

  10. Bennett v. Spear

    520 U.S. 154 (1997)   Cited 3,687 times   35 Legal Analyses
    Holding that a Final Biological Opinion has "legal consequences," even though the action agency is not legally obligated to accept the opinion's recommendations or conclusions, because the opinion "alter the legal regime to which the action agency is subject"

  11. Section 1252 - Judicial review of orders of removal

    8 U.S.C. § 1252   Cited 42,541 times   36 Legal Analyses
    Holding court had no jurisdiction to review "any judgment regarding the granting of relief under section . . . 1229b"

  12. Section 706 - Scope of review

    5 U.S.C. § 706   Cited 20,440 times   184 Legal Analyses
    Granting courts jurisdiction to "compel agency action unlawfully held or unreasonably delayed"

  13. Section 1158 - Asylum

    8 U.S.C. § 1158   Cited 10,416 times   4 Legal Analyses
    Holding a "pattern or practice" of persecution requires it be "systemic, pervasive, or organized"

  14. Section 1182 - Inadmissible aliens

    8 U.S.C. § 1182   Cited 9,714 times   66 Legal Analyses
    Holding deportable aliens who have been convicted of "crimes involving moral turpitude"

  15. Section 1227 - Deportable aliens

    8 U.S.C. § 1227   Cited 7,882 times   40 Legal Analyses
    Granting this discretion to the Attorney General

  16. Section 702 - Right of review

    5 U.S.C. § 702   Cited 7,052 times   24 Legal Analyses
    Granting judicial review of "agency action"

  17. Section 1229b - Cancellation of removal; adjustment of status

    8 U.S.C. § 1229b   Cited 5,076 times   24 Legal Analyses
    Granting the Attorney General discretion to cancel the removal of an alien who has “been battered or subjected to extreme cruelty by a ... parent who is ... a United States citizen”

  18. Section 553 - Rule making

    5 U.S.C. § 553   Cited 4,090 times   145 Legal Analyses
    Exempting "interpretative rules," among other things, from the notice-and-comment requirement

  19. Section 1226 - Apprehension and detention of aliens

    8 U.S.C. § 1226   Cited 3,161 times   22 Legal Analyses
    Ruling that no court may set aside an immigration judge's "discretionary judgment any action or decision . . . regarding the detention or release of any alien or the grant, revocation, or denial of bond or parole"

  20. Section 1255 - Adjustment of status of nonimmigrant to that of person admitted for permanent residence

    8 U.S.C. § 1255   Cited 2,833 times   5 Legal Analyses
    Listing classes of nonimmigrants, such as students and tourists

  21. Section 2.1 - Authority of the Secretary of Homeland Security

    8 C.F.R. § 2.1   Cited 138 times
    Delegating the regulation-making authority of the Attorney General to the Commissioner of the INS