Does a plaintiff have to ask the same question on the same basis as a plaintiff in a civil case?
MultiRegion, United States of America
The following excerpt is from Lona v. Barr, 958 F.3d 1225 (9th Cir. 2020):
17 Cf. Falcon Carriche v. Ashcroft , 350 F.3d 845, 854 n.8 (9th Cir. 2003) ("Framing the question in this manner does not avoid the jurisdictional bar because this approach, like a direct challenge on the merits, requires a merits analysis. Calling it something else does not change the legal character of the challenge.").
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