Case law

Church of Scientology of California v. Internal Revenue Service

792 F.2d 153 · Court of Appeals for the D.C. Circuit · May 27, 1986

No one, it would seem, is better qualified than the Secretary to decide whether certain classes of information may be released in compliance with the Haskell amendment. … . § 6103 (b)(2) (emphasis added), means Congress established a “reformulation” requirement.

Maxwell Goodluck v. Joseph Biden, Jr.

104 F.4th 920 · Court of Appeals for the D.C. Circuit · Jun 25, 2024

Before the start of each fiscal year, it holds a lottery for applicants from qualifying countries. 22 C.F.R. § 42.33. Millions of individuals apply. See Bureau of Consular Affairs, U.S. … The Department re-established more visa services over the summer,  5 but the pandemic hampered its efforts to reduce backlogs in pending applications.

Achagzai v. Broad. Bd. of Governors

308 F. Supp. 3d 396 · Court of Appeals for the D.C. Circuit · Apr 20, 2018

First, as discussed above, the schedule did not reduce Stanazai's previously established responsibilities. … Regardless, Stanazai's editing responsibilities clearly did not decrease when the April 2013 schedule was revised in July 2013.

Friends of Animals v. Sally Jewell

824 F.3d 1033 · Court of Appeals for the D.C. Circuit · Jun 3, 2016

The present case is clearly distinguishable from Feld Entertainment. … The Congressional enactment easily passes muster under established law. C.

Jake King v. Honorable Rogers C. B. Morton, Secretary of the Interior of the United States

520 F.2d 1140 · Court of Appeals for the D.C. Circuit · Oct 9, 1975

Not only is a duty owed to the plaintiff necessary to give the district court jurisdiction under section 1361, but as this court has said, “The writ should be used only when the duty of the officer to act is clearly established … Thus, the writ is not available to King unless the Secretary of the Interior has a “clearly established”, “plainly defined” and “peremptory” duty, in administering the government of America Samoa, to require that government

Whw Enterprises, Inc. v. Federal Communications Commission, Radio Portage, Inc., Portage, Michigan, Intervenor. The Air-Borne Group, Ltd. v. Federal Communications Commission, Radio Portage, Inc., Portage, Michigan, Intervenor. James R. Searer, James M. Searer and Susan L. Homan D/B/A Sear Broadcasting Company v. Federal Communications Commission, Radio Portage, Inc., Portage, Michigan, Intervenor

753 F.2d 1132 · Court of Appeals for the D.C. Circuit · Feb 5, 1985

The 15-mile rule was clearly designed to promote flexibility and encourage applications from communities other than the assigned community. … In addition, the inaccuracy at issue in Scott & Davis was clearly immaterial; the Board found that there had never been any doubt that the applicant was financially qualified. Id. at 1099.

David Myers v. Cmsnr. IRS

Court of Appeals for the D.C. Circuit · Jul 2, 2019

(CCH) 1404 (2016) (rejecting the IRS’s argument that a phone call established that the final determination letter was mailed the same day). … That the Congress could have spoken even more clearly does not mean it has not spoken clearly enough to render § 7623(b)(4)’s 30-day filing period jurisdictional.

William M. Brinton v. Department of State

636 F.2d 600 · Court of Appeals for the D.C. Circuit · Dec 9, 1980

Further, the answer to these questions does not appear clearly on the record before us. We therefore cannot affirm the district court’s judgment on the basis of the attorney-client privilege. … By this criterion the documents clearly qualify for protection under FOIA Exemption 5.

Major Adolph H. Knehans, Jr. v. Clifford L. Alexander, Secretary of the Army

566 F.2d 312 · Court of Appeals for the D.C. Circuit · Nov 3, 1977

Second, although I agree with my colleagues that appellant has not established the existence of the property interest requisite, I believe their formulation of this issue is inadequate. … Otherwise, the officer would have to compete with a different, and perhaps better qualified, group of officers. Id.

Dougherty v. Barry

869 F.2d 605 · Court of Appeals for the D.C. Circuit · Mar 7, 1989

However, Rogers was held answerable individually, along with the District of Columbia; the district court rejected Rogers' plea of qualified immunity because his behavior was "patently unreasonable." … Furthermore, although cases establishing this allocation of burdens generally involve Title VII, we see no reason--and neither party offers any--to treat section 1981 differently in this regard.

United States v. Bridges

717 F.2d 1444 · Court of Appeals for the D.C. Circuit · Sep 23, 1983

The congressionally established scheme of punishment is not subject to disruption by an overreaching court. … We do not today decide whether such a suit could be defeated by defenses such as immunity. . Harley Brief at 18-21. . Trial Transcript at 38-77 (Testimony of Assistant United States Attorney Paul N. Mur-Phy). .

Matthew Hight v. DHS

Court of Appeals for the D.C. Circuit · May 2, 2025

These associations were established by royal charter, and their “principal objects” were “to provide * * * a body of qualified and duly licensed pilots; to prevent unqualified persons from undertaking to pilot vessels at … Hight does not dispute that he completed only one qualifying trip on the St. Lawrence River after becoming a deputy pilot.

Keren Kayemeth Leisrael - Jewish National Fund v. Education for a Just Peace in the Middle East

66 F.4th 1007 · Court of Appeals for the D.C. Circuit · May 2, 2023

We find it unnecessary to discuss those factors here because appellants’ factual allegations are so clearly deficient. … Accordingly, our precedents clearly support the dismissal of appellants’ Complaint.

United States v. Dozier, Romulus

162 F.3d 120 · Court of Appeals for the D.C. Circuit · Dec 11, 1998

To qualify for an adjustment, a defendant must "clearly" accept responsibility for his crime; it is not enough that he arguably do so. See Reid, 997 F.2d at 1580; United States v. McLean, 951 F.2d 1300, 1302 (D.C. … Because Dozier did not "clearly demonstrate acceptance of responsibility for his offense," he cannot establish that the court plainly erred in failing to explain its denial of an adjustment.

American National Insurance v. Federal Deposit Insurance

642 F.3d 1137 · Court of Appeals for the D.C. Circuit · Jun 24, 2011

(“Congress did not intend FIRREA’s claims process to immunize the receiver, but rather wanted to require exhaustion of the receivership claims before going to court.” (quoting Hudson United Bank v. … The suit appellants press, however, is clearly distinguishable from that in Village of Oakwood.

Myer Klig v. Herbert Brownell, Attorney General of the United States

244 F.2d 742 · Court of Appeals for the D.C. Circuit · Apr 4, 1957

Communist Party of Canada and whose membership had terminated prior to his application for admission to this country can be excluded, but that the same person, if he succeeds in illegally entering the United States, is immune … “If Congress meant that past membership, of no matter how short duration or how far in the past, was to be a cause of present deportation the purpose could have been clearly stated.

Stoe v. Sessions

324 F. Supp. 3d 176 · Court of Appeals for the D.C. Circuit · Aug 28, 2018

While Stoe no longer needs to establish a prima facie case to proceed with her suit, the facts underlying that case remain relevant to her discrimination claims. … However, Greene made the certification list of the "best qualified" applicants, Def.'s SMF ¶¶ 35-36; Def.'s Ex. 24 [ECF No. 16-28] at 3, which establishes that he was qualified for the position.

Brooks v. Laws

208 F.2d 18 · Court of Appeals for the D.C. Circuit · Dec 23, 1953

But it appears that the review which is permitted is in the nature of an administrative appeal, sharply limited in scope, as the eases we have noted and those therein cited clearly show. … It appears clearly again in the following passage: "Thus a court created to admimster the laws of Illinois as it understands them, and charged particularly with the protection of justice in the courts of Illinois through

United States v. Joseph P. Branch, United States of America v. Eric B. Garrison

545 F.2d 177 · Court of Appeals for the D.C. Circuit · Oct 27, 1976

The court wrote: Some courts approach the quest for principle by immunizing from a search under sanction of a premises warrant any item within the physical possession of an individual on the premises [citing Teller ]. … THE COURT: And then you qualified it for your own protection and well being. 11 . A frisk intended for protective purposes, cf. Terry v.

Gardner v. Federal Communications Commission

530 F.2d 1086 · Court of Appeals for the D.C. Circuit · Mar 3, 1976

PETITIONER’S RIGHTS IN LIGHT OF FCC FAILURE TO GIVE NOTICE Although the Commission clearly breached its duty to give notice, there remains two hurdles in Petitioner’s path if he is to establish his right to some judicial … A party denied recognized procedural rights, in an action before the FCC, clearly suffers such a legal wrong. See Overseas Media Corp. v.