58 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 254,433 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
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 268,213 times 366 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' "
Winter v. Natural Res. Def. Council, Inc.
555 U.S. 7 (2008) Cited 16,879 times 56 Legal Analyses
Holding that a plaintiff must establish "that he is likely to suffer irreparable harm"
Lujan v. Defs. of Wildlife
504 U.S. 555 (1992) Cited 27,995 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"
Will v. Michigan Dept. of State Police
491 U.S. 58 (1989) Cited 24,283 times
Holding that official capacity state officer suits for prospective injunctive relief are suits against a "person" under § 1983 even though a "State" is not a "person" under that statute
Steel Co. v. Citizens for Better Env't
523 U.S. 83 (1998) Cited 10,803 times 15 Legal Analyses
Holding that a court "act ultra vires" when it assumes "hypothetical jurisdiction" in order to rule on the merits
Kentucky v. Graham
473 U.S. 159 (1985) Cited 19,302 times 1 Legal Analyses
Holding that "an official-capacity suit is, in all respects other than name, to be treated as a suit against the entity," and that "a plaintiff seeking to recover on a damages judgment in an official-capacity suit must look to the government entity itself"
Lujan v. National Wildlife Federation
497 U.S. 871 (1990) Cited 9,565 times 2 Legal Analyses
Holding the district court did not abuse its discretion in declining to admit affidavits in support of standing when filed after summary judgment briefing and hearing were complete
Lexmark Int'l, Inc. v. Static Control Components, Inc.
572 U.S. 118 (2014) Cited 2,853 times 70 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
McNeil v. United States
508 U.S. 106 (1993) Cited 6,742 times
Holding that an action must be dismissed when statutory exhaustion requirement was not met until after action was filed
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 347,669 times 925 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Section 1332 - Diversity of citizenship; amount in controversy; costs
28 U.S.C. § 1332 Cited 111,869 times 572 Legal Analyses
Holding district court has jurisdiction over action between diverse citizens "where the matter in controversy exceeds the sum or value of $75,000"
Section 1252 - Judicial review of orders of removal
8 U.S.C. § 1252 Cited 42,653 times 36 Legal Analyses
Holding court had no jurisdiction to review "any judgment regarding the granting of relief under section . . . 1229b"
Section 1101 - Definitions
8 U.S.C. § 1101 Cited 16,394 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 1182 - Inadmissible aliens
8 U.S.C. § 1182 Cited 9,746 times 66 Legal Analyses
Holding deportable aliens who have been convicted of "crimes involving moral turpitude"
Rule 19 - Required Joinder of Parties
Fed. R. Civ. P. 19 Cited 9,559 times 54 Legal Analyses
Holding a person must be joined if disposing the action in the person's absence may leave an existing party subject to a "substantial" risk of incurring inconsistent obligations
Section 701 - Application; definitions
5 U.S.C. § 701 Cited 9,398 times 36 Legal Analyses
Adopting the definition given in Section 551
Section 2675 - Disposition by federal agency as prerequisite; evidence
28 U.S.C. § 2675 Cited 7,106 times 1 Legal Analyses
Setting forth FTCA's administrative exhaustion requirement
Section 702 - Right of review
5 U.S.C. § 702 Cited 7,082 times 24 Legal Analyses
Granting judicial review of "agency action"
Section 1229a - Removal proceedings
8 U.S.C. § 1229a Cited 6,304 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”

Taitz v. Johnson et al

58 Cited authorities

Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

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' "

Holding that a plaintiff must establish "that he is likely to suffer irreparable harm"

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"

Holding that official capacity state officer suits for prospective injunctive relief are suits against a "person" under § 1983 even though a "State" is not a "person" under that statute

Holding that a court "act ultra vires" when it assumes "hypothetical jurisdiction" in order to rule on the merits

Holding that "an official-capacity suit is, in all respects other than name, to be treated as a suit against the entity," and that "a plaintiff seeking to recover on a damages judgment in an official-capacity suit must look to the government entity itself"

Holding the district court did not abuse its discretion in declining to admit affidavits in support of standing when filed after summary judgment briefing and hearing were complete

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

Holding that an action must be dismissed when statutory exhaustion requirement was not met until after action was filed

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Holding district court has jurisdiction over action between diverse citizens "where the matter in controversy exceeds the sum or value of $75,000"

Holding court had no jurisdiction to review "any judgment regarding the granting of relief under section . . . 1229b"

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

Holding deportable aliens who have been convicted of "crimes involving moral turpitude"

Holding a person must be joined if disposing the action in the person's absence may leave an existing party subject to a "substantial" risk of incurring inconsistent obligations

Adopting the definition given in Section 551

Setting forth FTCA's administrative exhaustion requirement

Granting judicial review of "agency action"

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”