Atalig

Atalig v. United States

Good Law
554 F. App'x 662
United States Court of Appeals for the Ninth CircuitFebruary 25, 2014No. 12-17791California657 words

Opinion

Lead Opinion

MEMORANDUM **

Atalig appeals from the district court’s dismissal of his suit challenging the Consolidated National Resources Act of 2008 (“CNRA”), which applied United States immigration law to the Commonwealth of the Northern Mariana Islands (“CNMI”). 48 U.S.C. § 1806 (2013). Atalig alleged that the CNRA interfered with the CNMI citizens’ right of self-government and right to vote. In response to a motion to dismiss on the basis of res judicata, the district court sua- sponte held that it lacked subject matter jurisdiction because Atalig had not alleged a sufficient injury to establish Article III standing. The district court denied a motion for leave to amend the complaint on the basis that the proposed amendments were futile and dismissed the action. We affirm.

A federal court has an obligation to assure itself of jurisdiction before proceeding to the merits by, in addition to other things, inquiring into whether the plaintiff has standing to sue under Article III of the Constitution. Lance v. Coffman, 549 U.S. 437, 439 , 127 S.Ct. 1194 , 167 L.Ed.2d 29 (2007). To establish standing, the complaint must allege facts sufficient to establish that the plaintiff has suffered…

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