· 12/13/1994
United States v. Johann Breyer, AKA John Breyer, Johann Paul Breuer, Jan Pavel Breuer, Jan Pavel Breyer, Hans Breyer. Johann Breyer
Citations
- 41 F.3d 884
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that we review a district court’s ruling on a motion to stay for abuse of discretion
- explaining that because “section 1503(a) expressly requires a ‘final administrative denial’ before any such action may be instituted, a federal district court does not have jurisdiction to declare citizenship absent exhaustion of an applicant’s administrative remedies”
- “a federal district court does not have jurisdiction to declare citizenship absent exhaustion of an applicant's administrative remedies”
- “A district court has broad discretionary power to stay proceedings.”
- “The power to stay is incidental to the power inherent in every court to dispose of cases so as to promote their fair and efficient adjudication. Absent an abuse of discretion, a district court’s decision in this regard will not be overturned.” (citation omitted)
- noting similar purpose behind the two provisions
Source: CourtListener parenthetical corpus (CC0).
Judges: Sloviter, Mansmann, Alarcon
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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