§Why CasetextPricing

Wazir et al v. Rumsfeld et al

Memorandum in opposition to re MOTION to Dismiss for Lack of Jurisdiction

77 Cited authorities

  1. United States v. Raddatz

    447 U.S. 667 (1980)   Cited 7,125 times   2 Legal Analyses
    Holding that a trial judge's adoption of a magistrate judge's findings related to a suppression hearing does not violate due process "so long as the ultimate decision is made by the district court"

  2. Panetti v. Quarterman

    551 U.S. 930 (2007)   Cited 2,000 times   7 Legal Analyses
    Holding that a petition raising a previously unripe claim of incompetency was not a second or successive petition under AEDPA

  3. Felker v. Turpin

    518 U.S. 651 (1996)   Cited 3,126 times   4 Legal Analyses
    Holding that the Antiterrorism and Effective Death Penalty Act's "restrictions . . . on second habeas petitions are well within the compass of [habeas's] evolutionary process, and . . . do not amount to a 'suspension' of the writ"

  4. 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

  5. Heller v. Doe

    509 U.S. 312 (1993)   Cited 2,346 times   1 Legal Analyses
    Holding that courts must accept a legislature's generalizations under rational basis review "even when there is an imperfect fit between means and ends" or where the classification "is not made with mathematical nicety"

  6. Plyler v. Doe

    457 U.S. 202 (1982)   Cited 3,024 times   15 Legal Analyses
    Holding that States cannot deny to illegal aliens the free public education they provide to citizens and legally documented aliens

  7. Northern Pipeline Co. v. Marathon Pipe Line Co.

    458 U.S. 50 (1982)   Cited 2,971 times   20 Legal Analyses
    Holding that the Bankruptcy Act of 1978 was unconstitutional in part because it allowed bankruptcy courts to adjudicate state common law claims

  8. Sosa v. Alvarez-Machain

    542 U.S. 692 (2004)   Cited 1,175 times   16 Legal Analyses
    Holding that no "private cause of action" had been Congressionally authorized, and thus, plaintiff was "not entitled to a remedy"

  9. Boumediene v. Bush

    553 U.S. 723 (2008)   Cited 970 times   5 Legal Analyses
    Holding that enemy combatants are entitled to the privilege of habeas corpus

  10. Chicago v. Morales

    527 U.S. 41 (1999)   Cited 1,307 times   3 Legal Analyses
    Holding that vagueness that "fails to establish standards for the police and public that are sufficient to guard against the arbitrary deprivation of liberty interests" is subject to facial challenge

  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 348,046 times   927 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 2254 - State custody; remedies in Federal courts

    28 U.S.C. § 2254   Cited 205,274 times   341 Legal Analyses
    Holding that "a determination of a factual issue made by a State court shall be presumed to be correct" and "[t]he applicant shall have the burden of rebutting the presumption of correctness by clear and convincing evidence"

  13. Section 1331 - Federal question

    28 U.S.C. § 1331   Cited 97,883 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."

  14. Section 2241 - Power to grant writ

    28 U.S.C. § 2241   Cited 80,885 times   55 Legal Analyses
    Granting courts authority to determine whether detention is "in violation of the . . . laws . . . of the United States"

  15. Rule 81 - Applicability of the Rules in General; Removed Actions

    Fed. R. Civ. P. 81   Cited 3,720 times   6 Legal Analyses
    Recognizing that the Federal Rules of Civil Procedure "apply to proceedings for habeas corpus . . . to the extent that the practice in those proceedings: is not specified in a federal statute, the Rules Governing Section 2254 Cases, or the Rules Governing Section 2255 Cases; and (B) has previously conformed to the practice in civil actions."

  16. Section 1350 - Alien's action for tort

    28 U.S.C. § 1350   Cited 1,168 times   64 Legal Analyses
    Granting district courts jurisdiction over "any civil action . . . for a tort only, committed in violation of the law of nations"

  17. Section 801 - Article 1. Definitions

    10 U.S.C. § 801   Cited 195 times   2 Legal Analyses

    In this chapter (the Uniform Code of Military Justice): (1) The term "Judge Advocate General" means, severally, the Judge Advocates General of the Army, Navy, and Air Force and, except when the Coast Guard is operating as a service in the Navy, an official designated to serve as Judge Advocate General of the Coast Guard by the Secretary of Homeland Security. (2) The Navy, the Marine Corps, and the Coast Guard when it is operating as a service in the Navy, shall be considered as one armed force. (3)

  18. Section 21 - Restraint, regulation, and removal

    50 U.S.C. § 21   Cited 71 times

    Whenever there is a declared war between the United States and any foreign nation or government, or any invasion or predatory incursion is perpetrated, attempted, or threatened against the territory of the United States by any foreign nation or government, and the President makes public proclamation of the event, all natives, citizens, denizens, or subjects of the hostile nation or government, being of the age of fourteen years and upward, who shall be within the United States and not actually naturalized