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· 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 CourtListener

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.