Is Rule 12(b)(1) jurisdictional attack a facial or factual attack?

MultiRegion, United States of America

The following excerpt is from Marquez v. United States, Case No.: 18-CV-00434-CAB-NLS (S.D. Cal. 2019):

A Rule 12(b)(1) jurisdictional attack may be facial or factual. In a facial attack, the challenger asserts that the allegations contained in a complaint are insufficient on their face to invoke federal jurisdiction. Safe Air for Everyone v. Meyer, 373 F. 3d 1035, 1039 (9th Cir. 2004). In a factual attack, however, the challenger may rely on evidence extrinsic to the complaint. See id.

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