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Second Circuit· 11/2/2009

Arar v. Ashcroft

Citations

  • 585 F.3d 559
  • 2009 U.S. App. LEXIS 23988
  • 2009 WL 3522887

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that “[o]n a motion to dismiss, courts require enough facts to state a claim to relief that is plausible . . . .”
  • noting that intrusion on executive’s national security authority raises “grave concerns about the separation of powers” dictated by the Constitution and, thus, counsels hesitation in extending Bivens
  • reasoning that a litigant cannot simply allege the existence of a conspiracy to skirt the TVPA’s state action requirement
  • explaining that “federal system of checks and balances provides means to consider allegedly unconstitutional execu-five policy, but a [judicially created] private action for money damages against individual policymakers is not one of them”
  • noting that intrusion on executive’s national security authority raises “grave concerns about the separation of powers” dictated by the Constitution and, thus, counsels hesitation in extending Bivens
  • stating that “complexity” of remedial immigration scheme created (and frequently amended) by Congress would ordinarily warrant “strong inference that Congress intended the judiciary to stay its hand and refrain from creating a Bivens action in this context”

Source: CourtListener parenthetical corpus (CC0).

Judges: Jacobs, McLaughlin, Cabranes, Pooler, Sack, Sotomayor, Parker, Raggi, Wesley, Hall, Livingston, Katzmann, Calabresi

Read full opinion on CourtListener

Cited by

106 cases in this archive cite this case; the 20 most cited are listed.

Cites

179 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases named Arar v. Ashcroft

4 other CourtListener records share this case name.

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.