53 Cited authorities

Erickson v. Pardus
551 U.S. 89 (2007) Cited 62,210 times 3 Legal Analyses
Holding that a complaint must "give the defendant fair notice of what the . . . claim is and the grounds upon which it rests"
Winter v. Natural Res. Def. Council, Inc.
555 U.S. 7 (2008) Cited 16,904 times 61 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 28,036 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"
Kentucky v. Graham
473 U.S. 159 (1985) Cited 19,325 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"
Clapper v. Amnesty Int'l USA
568 U.S. 398 (2013) Cited 3,108 times 169 Legal Analyses
Holding that respondents could not establish injury by relying on a "speculative chain of possibilities"
Summers v. Earth Island Inst.
555 U.S. 488 (2009) Cited 3,020 times 12 Legal Analyses
Holding that supplementation of the district court record to receive affidavits from the organization's members was not permitted "in the circumstances here: after the trial is over, judgment has been entered, and a notice of appeal has been filed"
Daimlerchrysler Corp. v. Cuno
547 U.S. 332 (2006) Cited 2,681 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
Bennett v. Spear
520 U.S. 154 (1997) Cited 3,704 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"
Munaf v. Geren
553 U.S. 674 (2008) Cited 1,654 times 5 Legal Analyses
Holding that civilian U.S. citizens held in U.S. military custody in Iraq could petition for a writ of habeas corpus in federal district court
Valley Forge College v. Americans United
454 U.S. 464 (1982) Cited 4,982 times 4 Legal Analyses
Holding that "the psychological consequence presumably produced by observation of conduct with which one disagrees ... is not an injury sufficient to confer standing under Art. III, even though the disagreement is phrased in constitutional terms"
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 157,408 times 196 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Section 1332 - Diversity of citizenship; amount in controversy; costs
28 U.S.C. § 1332 Cited 111,995 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 42,694 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 16,409 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 9,759 times 66 Legal Analyses
Holding deportable aliens who have been convicted of "crimes involving moral turpitude"
Section 1229a - Removal proceedings
8 U.S.C. § 1229a Cited 6,316 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”
Section 8 - Powers of Congress
U.S. Const. art. I, § 8 Cited 6,983 times 28 Legal Analyses
Granting Congress the power to “provide for the common Defence,” to “regulate Commerce with foreign Nations,” and to “establish an uniform Rule of Naturalization”
Section 1324 - Bringing in and harboring certain aliens
8 U.S.C. § 1324 Cited 3,360 times 43 Legal Analyses
Holding liable any person who "transports . . . or attempts to transport" an alien who has entered the United States in violation of the law
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"
Section 1229 - Initiation of removal proceedings
8 U.S.C. § 1229 Cited 1,348 times 5 Legal Analyses
Authorizing service by mail
Section 1240.1 - Immigration judges
8 C.F.R. § 1240.1 Cited 166 times
Granting immigration judge in removal proceeding authority to determine applications for adjustment of status
Section 212.5 - Parole of aliens into the United States
8 C.F.R. § 212.5 Cited 50 times
Providing that a DHS should consider exercising its discretionary parole authority to "release [minors] to a parent, legal guardian, or adult relative ... not in detention"

Taitz v. Johnson et al

53 Cited authorities

Holding that a complaint must "give the defendant fair notice of what the . . . claim is and the grounds upon which it rests"

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 "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 that respondents could not establish injury by relying on a "speculative chain of possibilities"

Holding that supplementation of the district court record to receive affidavits from the organization's members was not permitted "in the circumstances here: after the trial is over, judgment has been entered, and a notice of appeal has been filed"

Holding that an injury a plaintiff "suffers in some indefinite way in common with people generally" is not a cognizable injury-in-fact

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"

Holding that civilian U.S. citizens held in U.S. military custody in Iraq could petition for a writ of habeas corpus in federal district court

Holding that "the psychological consequence presumably produced by observation of conduct with which one disagrees ... is not an injury sufficient to confer standing under Art. III, even though the disagreement is phrased in constitutional terms"

Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

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"

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”

Granting Congress the power to “provide for the common Defence,” to “regulate Commerce with foreign Nations,” and to “establish an uniform Rule of Naturalization”

Holding liable any person who "transports . . . or attempts to transport" an alien who has entered the United States in violation of the law

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"

Authorizing service by mail

Granting immigration judge in removal proceeding authority to determine applications for adjustment of status

Providing that a DHS should consider exercising its discretionary parole authority to "release [minors] to a parent, legal guardian, or adult relative ... not in detention"