79 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 254,951 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 268,707 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. Kokkonen v. Guardian Life Ins. Co. of America

    511 U.S. 375 (1994)   Cited 19,209 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
  4. Fed. Deposit Ins. v. Meyer

    510 U.S. 471 (1994)   Cited 7,062 times   1 Legal Analyses
    Holding a Bivens claim does not lie against federal agencies because, if damages claims were permitted against federal agencies, "there would be no reason for aggrieved parties to bring damages actions against individual officers" and thus "the deterrent effects of the Bivens remedy would be lost"
  5. United States v. Gaubert

    499 U.S. 315 (1991)   Cited 2,386 times   1 Legal Analyses
    Holding that the discretionary function exception only protects actions “grounded in the policy of the regulatory regime”
  6. Berkovitz v. United States

    486 U.S. 531 (1988)   Cited 2,041 times   1 Legal Analyses
    Holding that there is no choice to be protected by the discretionary function exception when a "federal statute, regulation, or policy specifically prescribes a course of action for an employee to follow"
  7. Reno v. American-Arab Anti-Discrimination Com

    525 U.S. 471 (1999)   Cited 1,082 times   1 Legal Analyses
    Holding that "an alien unlawfully in this country has no constitutional right to assert selective enforcement as a defense against his deportation"
  8. United States v. Testan

    424 U.S. 392 (1976)   Cited 2,203 times
    Holding that Back Pay Act does not provide a remedy for misclassified federal employees
  9. United States v. Varig Airlines

    467 U.S. 797 (1984)   Cited 1,556 times   1 Legal Analyses
    Holding that the FAA's alleged negligence in failing to check certain specific items in the course of certificating a specific aircraft as part of a spot-check program involved “calculated risks” but fell “squarely within the discretionary function exception”
  10. Safe Air for Everyone v. Meyer

    373 F.3d 1035 (9th Cir. 2004)   Cited 3,266 times   1 Legal Analyses
    Holding residue generated from the cultivation of bluegrass was not discarded because, among other things, it was reused "in a continuous process of growing and harvesting Kentucky bluegrass seeds, the generating industry"
  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 348,231 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 42,704 times   36 Legal Analyses
    Holding court had no jurisdiction to review "any judgment regarding the granting of relief under section . . . 1229b"
  13. Section 2671 - Definitions

    28 U.S.C. § 2671   Cited 9,409 times   6 Legal Analyses
    Defining "[e]mployee of the government" for purposes of the FTCA as "officers or employees of any federal agency "
  14. Section 2680 - Exceptions

    28 U.S.C. § 2680   Cited 7,702 times   12 Legal Analyses
    Concluding that claims for injurious falsehoods, disparagement of property, slander of goods, or trade libel are claims arising out of libel or slander under the FTCA
  15. Section 1986 - Action for neglect to prevent

    42 U.S.C. § 1986   Cited 5,143 times   2 Legal Analyses
    Setting a 1-year statute of limitations
  16. Section 1226 - Apprehension and detention of aliens

    8 U.S.C. § 1226   Cited 3,173 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"
  17. Section 1357 - Powers of immigration officers and employees

    8 U.S.C. § 1357   Cited 662 times   8 Legal Analyses
    Granting immigration enforcement authority to state or local government officials in a formal agreement with a state or local government.
  18. Section 2672 - Administrative adjustment of claims

    28 U.S.C. § 2672   Cited 584 times   1 Legal Analyses
    Granting the Attorney General authority to promulgate regulations
  19. Section 287.7 - Detainer provisions under section 287(d)(3) of the Act

    8 C.F.R. § 287.7   Cited 259 times   5 Legal Analyses
    Stating that detainers serve "the purpose of arresting and removing the alien"
  20. Section 287.2 - Disposition of criminal cases

    8 C.F.R. § 287.2   Cited 3 times

    Whenever a special agent in charge, port director, or chief patrol agent has reason to believe that there has been a violation punishable under any criminal provision of the immigration and nationality laws administered or enforced by the Department, he or she shall immediately initiate an investigation to determine all the pertinent facts and circumstances and shall take such further action as he or she deems necessary. In no case shall this investigation prejudice the right of an arrested person