Joshua Pillay v. Immigr. & Naturalization Serv., 45 F.3d 14 (2d Cir. 1995). · Go Syfert
Joshua Pillay v. Immigr. & Naturalization Serv., 45 F.3d 14 (2d Cir. 1995). Cases Citing This Book View Copy Cite
285 citation events (272 in the last 25 years) across 18 distinct courts.
Strongest positive: In Re: Carolyn Brantley (scd, 2025-02-05)
Treatment trajectory · 1995 → 2026 · click a year to view as-of
1995 2010 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) In Re: Carolyn Brantley
D.S.C. · 2025 · signal: see, e.g. · quote attribution · 1 verbatim quote · confidence high
court has inherent authority ... to dismiss an appeal or petition for review as frivolous when the appeal or petition presents no arguably meritorious issue for our consideration
discussed Cited as authority (verbatim quote) In Re: Jsang Kei Lau
S.D.N.Y. · 2021 · signal: see, e.g. · quote attribution · 1 verbatim quote · confidence high
court has inherent authority . . . to dismiss an appeal or petition for review as frivolous when the appeal or petition presents no arguably meritorious issue for our consideration
discussed Cited as authority (rule) Divon Daniel Wray v. Experian Information Solutions, Inc. et al.
N.D.N.Y. · 2026 · confidence medium
Seventh Tenants Experian that “still show[ed] false information.” (/d.) Corp., 221 F.3d 362, 363-64 (2d Cir. 2000) (per curiam) (citing Pillay v. INS, 45 F.3d 14, 16-17 (2d Cir. 1995) (per *2 ~On February 6, 2020, Plaintiff sent a third letter to curiam) (holding that Court of Appeals has inherent authority Experian, and attached “[p]olice and [i]dentity theft reports” to dismiss frivolous appeal)), or that the Court lacks subject in addition to his driver's license, Social Security card, matter jurisdiction, Ruhrgas AG v. Marathon Oil Co., 526 and affidavit.
discussed Cited as authority (rule) Lilia Angello v. Barrett D. Mack, Esq., et al.
N.D.N.Y. · 2026 · confidence medium
Legal Standard “District courts have the inherent authority to dismiss a complaint sua sponte as frivolous even where, as here, the plaintiff has paid the required filing fee, if the claims ‘lack[ ] an arguable basis either in law or in fact.’” Tewari v. Sattler, No. 23-36-cv, 2024 WL 177445 , at *1 (2d Cir. Jan. 17, 2024) (quoting Pillay v. INS, 45 F.3d 14, 16 (2d Cir. 1995)).
discussed Cited as authority (rule) Lorenzo Beaman v. State of New York, et al.
N.D.N.Y. · 2026 · confidence medium
Feb. 11, 2004) (“[C]ourts within the Second Circuit 2 Plaintiff was not incarcerated when he commenced this action. have not hesitated to dismiss sua sponte claims brought by fee-paying pro se plaintiffs when it is clear such claims ‘presen[t] no arguably meritorious issue for [the courts'] consideration.’” (quoting Pillay v. INS, 45 F.3d 14, 17 (2d Cir.1995) (holding appellate court has authority to sua sponte dismiss a frivolous appeal brought by a fee-paying pro se plaintiff))); Cummings v. Giuliani, No. 00-CV-6634, 2000 WL 1597868 , at * 2-3 (S.D.N.Y.
discussed Cited as authority (rule) Dongkyu Kim v. State of New Jersey; Bergen County Superior Court, Family Part; Bergen County Prosecutor's Office; Anny Scardino, Director of Risk Management, Bergen County; Anthony Scardino, Assistant Professor, Felician University; Gordon Tocco, Employee, Indiana Department of Child Services; Elizabeth Tocco, Admissions Advisor, Felician University; Svitlana Kosturko; Tim Kosturko; Andrew Ritenour; Nick Ritenour; Dr. Daniel Hakimi; Pa Shira Wein; Felician University; Indiana Department of Child Services; Ob/Gyn & Infertility Services of Northern NJ, LLC; Michael Tocco; Honorable Jaclyn V. Medina J.S.C.; and John Does 1-10 (unknown members of the trafficking network)
S.D.N.Y. · 2025 · confidence medium
Feb. 11, 2004) (“[C]ourts within the Second Circuit have not hesitated to dismiss sua sponte claims brought by fee-paying pro se plaintiffs when it is clear such claims ‘present no arguably meritorious issues for [the Court’s] consideration’” (quoting Pillay v. INS, 45 F.3d 14, 17 (2d Cir. 1995))). “[A] finding of factual frivolousness is appropriate when the facts alleged rise to the level of the irrational or the wholly incredible.” Denton v. Hernandez, 504 U.S. 25, 33 (1992).
discussed Cited as authority (rule) Amelina Archelus v. Commissioner of Social Security
D. Vt. · 2025 · confidence medium
Tenants Corp., 221 F.3d 362, 363-64 (2d Cir. 2000) (holding that a district court may dismiss a frivolous complaint sua sponte even when the plaintiff has paid the required filing fee); Pillay v. Immigr. & Naturalization Serv., 45 F.3d 14, 17 (2d Cir. 1995) (holding that the court has “inherent authority” to dismiss a petition that presents “no arguably meritorious issue”).
discussed Cited as authority (rule) John A. Porter III v. Onondaga County Family Court, et al.
N.D.N.Y. · 2025 · confidence medium
STANDARD OF REVIEW “District courts have the inherent authority to dismiss a complaint sua sponte as frivolous even where, as here, the plaintiff has paid the required filing fee, if the claims ‘lack[ ] an arguable basis either in law or in fact.’” Tewari v. Sattler, No. 23-36-cv, 2024 WL 177445 , at *1 (2d Cir. Jan. 17, 2024) (quoting Pillay v. INS, 45 F.3d 14, 16 (2d Cir. 1995)).
discussed Cited as authority (rule) Castro-Castro v. Bondi
2d Cir. · 2025 · confidence medium
Rather than determine if the petition is frivolous as required 3 for summary denial, see Pillay v. INS, 45 F.3d 14, 17 (2d Cir. 1995), we construe the 4 Government’s motion as its brief and deny the petition on the merits. 5 Our review is limited to the BIA’s December 2023 decision denying 6 reopening because the petition is timely only as to that decision. 2 See Kaur v. BIA, 7 413 F.3d 232, 233 (2d Cir. 2005).
discussed Cited as authority (rule) Farag v. Hanna
S.D.N.Y. · 2025 · confidence medium
Tenants Corp., 221 F.3d 362, 363-64 (2d Cir. 2000) (per curiam) (citing Pillay v. INS, 45 F.3d 14, 16-17 (2d Cir. 1995) (per curiam)), or that the Court lacks subject matter jurisdiction, Ruhrgas AG v. Marathon Oil Co., 526 U.S. 574, 583 (1999).
cited Cited as authority (rule) Chan v. Wilson
N.D.N.Y. · 2025 · confidence medium
All state court docket Jan. 17, 2024) (quoting Pillay v. INS, 45 F.3d 14, 16 (2d Cir. 1995)).
discussed Cited as authority (rule) Guo Mei Liao v. Bondi
2d Cir. · 2025 · confidence medium
Rather than determine whether the petition is frivolous as is required for summary denial, see Pillay v. INS, 45 F.3d 14, 17 (2d Cir. 1995), we construe the Government’s motion as its brief and deny the petition on the merits. 3 presence in the United States and that her removal would cause “exceptional and extremely unusual hardship” to a qualifying relative. 8 U.S.C. § 1229b(b)(1)(A), (D).
cited Cited as authority (rule) Matos v. Trump
S.D.N.Y. · 2025 · confidence medium
Seventh Street Tenants Corp., 221 F.3d 362, 363 (2d Cir. 2000) (per curiam) (citing Pillay v. INS, 45 F.3d 14, 16-17 (2d Cir. 1995) (per curiam)); see also Mallard v. U.S. Dist.
cited Cited as authority (rule) Buxbaum v. Trump
S.D.N.Y. · 2025 · confidence medium
Seventh Tenants Corp., 221 F.3d 362, 363-64 (2d Cir. 2000) (per curiam) (citing Pillay v. INS, 45 F.3d 14, 16-17 (2d Cir. 1995) (per curiam)).
discussed Cited as authority (rule) Cho v. Trump
2d Cir. · 2025 · confidence medium
District courts have the inherent authority to dismiss a complaint sua sponte as frivolous even where, as here, the plaintiff has paid the required filing fee, if the claim “lacks an arguable basis either in law or in fact.” Pillay v. INS, 45 F.3d 14, 16 (2d Cir. 1995) (per curiam) (quoting Neitzke v. Williams, 490 U.S. 319, 325 (1989)); accord Fitzgerald v. First E.
discussed Cited as authority (rule) Cochancela-Ortega v. Garland
2d Cir. · 2024 · confidence medium
Rather than determine if the petition is 22 frivolous as required for summary denial, see Pillay v. INS, 45 F.3d 14, 17 (2d Cir. 2 1 1995), we construe the Government’s motion as its brief and deny the petition on 2 the merits. 3 We have reviewed the IJ’s decision as supplemented by the BIA.
discussed Cited as authority (rule) Cook v. Sullivan County Family Court of New York State Unified Court System
S.D.N.Y. · 2024 · confidence medium
Seventh Tenants Corp., 221 F.3d 362, 363-64 (2d Cir. 2000) (per curiam) (citing Pillay v. INS, 45 F.3d 14, 16-17 (2d Cir. 1 In Plaintiff’s petition, she refers to her minor child with his full name and date of birth, in violation of Rule 5.2 of the Federal Rules of Civil Procedure, which prohibits the use in court submissions of a minor’s full name and anyone’s date of birth.
discussed Cited as authority (rule) Smith v. Johnson
N.D.N.Y. · 2024 · signal: cf. · confidence medium
See Tyler v. Carter, 151 F.R.D. 537 , 540 v. Guidry, 799 F.2d 183, 188-9 (5th Cir. 1986) (dismissal (S.D.N.Y. 1993), aff'd 41 F.3d 1500 (2d Cir. 1994); cf. Pillay v. for lack of subject matter jurisdiction is not a dismissal on I.N.S., 45 F.3d 14, 17 (2d Cir. 1995) (per curiam) (dismissing the merits); John Birch Soc'y. v. National Broadcasting Co., sua sponte appeal for which appellant had paid normal filing 377 F.2d 194 , 199 n.3 (2d Cir. 1967) (dismissal for lack of fee).
discussed Cited as authority (rule) Decatus v. the City
S.D.N.Y. · 2024 · confidence medium
Seventh Tenants Corp., 221 F.3d 362, 363-64 (2d Cir. 2000) (per curiam) (citing Pillay v. INS, 45 F.3d 14, 16-17 (2d Cir. 1995) (per curiam) (holding that Court of Appeals has inherent authority to dismiss frivolous appeal)), or if the Court lacks subject matter jurisdiction.
discussed Cited as authority (rule) Perdigon v. United States
S.D.N.Y. · 2024 · confidence medium
Seventh Tenants Corp., 221 F.3d 362, 363-64 (2d Cir. 2000) (per curiam) (citing Pillay v. INS, 45 F.3d 14, 16-17 (2d Cir. 1995) (per curiam) (holding that Court of Appeals has inherent authority to dismiss frivolous appeal)), or that the Court lacks subject matter jurisdiction, Ruhrgas AG v. Marathon Oil Co., 526 U.S. 574, 583 (1999).
discussed Cited as authority (rule) Manley v. HRA/DSS
S.D.N.Y. · 2024 · confidence medium
Seventh Tenants Corp., 221 F.3d 362, 363-64 (2d Cir. 2000) (per curiam) (citing Pillay v. INS, 45 F.3d 14, 16-17 (2d Cir. 1995) (per curiam) (holding that Court of Appeals has inherent authority to dismiss frivolous appeal)), or that the Court lacks subject matter jurisdiction, Ruhrgas AG v. Marathon Oil Co., 526 U.S. 574, 583 (1999).
discussed Cited as authority (rule) Jean-Baptiste v. United States Department of Justice
S.D.N.Y. · 2024 · confidence medium
Seventh Tenants Corp., 221 F.3d 362, 363-64 (2d Cir. 2000) (per curiam) (citing Pillay v. INS, 45 F.3d 14, 16-17 (2d Cir. 1995) (per curiam) (holding that Court of Appeals has inherent authority to dismiss frivolous appeal)), or that the Court lacks subject matter jurisdiction, Ruhrgas AG v. Marathon Oil Co., 526 U.S. 574, 583 (1999).
discussed Cited as authority (rule) Itwaru v. The New York City Department of Health & Mental Hygiene
S.D.N.Y. · 2024 · confidence medium
Seventh Tenants Corp., 221 F.3d 362, 363-64 (2d Cir. 2000) (per curiam) (citing Pillay v. INS, 45 F.3d 14, 16-17 (2d Cir. 1995) (per curiam) (holding that Court of Appeals has inherent authority to dismiss frivolous appeal)), or that the Court lacks subject matter jurisdiction.
discussed Cited as authority (rule) DeRaffele v. Unified Court System of New York
S.D.N.Y. · 2024 · confidence medium
Seventh Tenants Corp., 221 F.3d 362, 363-64 (2d Cir. 2000) (per curiam) (citing Pillay v. INS, 45 F.3d 14, 16-17 (2d Cir. 1995) (per curiam) (holding that Court of Appeals has inherent authority to dismiss frivolous appeal)), or that the Court lacks subject matter jurisdiction, Ruhrgas AG v. Marathon Oil Co., 526 U.S. 574, 583 (1999).
discussed Cited as authority (rule) Burch v. New York State
S.D.N.Y. · 2024 · confidence medium
Seventh Tenants Corp., 221 F.3d 362, 363-64 (2d Cir. 2000) (per curiam) (citing Pillay v. INS, 45 F.3d 14, 16-17 (2d Cir. 1995) (per curiam) (holding that Court of Appeals has inherent authority to dismiss frivolous appeal)), or that the Court lacks subject matter jurisdiction, Ruhrgas AG v. Marathon Oil Co., 526 U.S. 574, 583 (1999).
discussed Cited as authority (rule) Ezekwo v. OPMC
S.D.N.Y. · 2024 · confidence medium
Seventh Tenants Corp., 221 F.3d 362, 363-64 (2d Cir. 2000) (per curiam) (citing Pillay v. INS, 45 F.3d 14, 16-17 (2d Cir. 1995) (per curiam) (holding that Court of Appeals has inherent authority to dismiss frivolous appeal)).
discussed Cited as authority (rule) Manchanda v. Reardon
S.D.N.Y. · 2024 · confidence medium
Seventh Tenants Corp., 221 F.3d 362, 363-64 (2d Cir. 2000) (per curiam) (citing Pillay v. INS, 45 F.3d 14, 16-17 (2d Cir. 1995) (per curiam) (holding that Court of Appeals has inherent authority to dismiss a frivolous appeal)), or that subject matter jurisdiction is lacking, Ruhrgas AG v. Marathon Oil Co., 526 U.S. 574, 583-84 (1999).
discussed Cited as authority (rule) John Doe v. Cook
S.D.N.Y. · 2024 · confidence medium
Seventh Tenants Corp., 221 F.3d 362, 363-64 (2d Cir. 2000) (per curiam) (citing Pillay v. INS, 45 F.3d 14, 16-17 (2d Cir. 1995) (per curiam) (holding that Court of Appeals has inherent authority to dismiss frivolous appeal)), or that the Court lacks subject matter jurisdiction, Ruhrgas AG v. Marathon Oil Co., 526 U.S. 574, 583 (1999).
discussed Cited as authority (rule) Needleman v. McFadden
S.D.N.Y. · 2024 · confidence medium
Seventh Tenants Corp., 221 F.3d 362, 363-64 (2d Cir. 2000) (per curiam) (citing Pillay v. INS, 45 F.3d 14, 16-17 (2d Cir. 1995) (per curiam) (holding that Court of Appeals has inherent authority to dismiss frivolous appeal)), or that the Court lacks subject matter jurisdiction, Ruhrgas AG v. Marathon Oil Co., 526 U.S. 574, 583 (1999).
discussed Cited as authority (rule) Manchanda v. Reardon
S.D.N.Y. · 2023 · confidence medium
Seventh Tenants Corp., 221 F.3d 362, 363-64 (2d Cir. 2000) (per curiam) (citing Pillay v. INS, 45 F.3d 14, 16-17 (2d Cir. 1995) (per curiam) (holding that Court of Appeals has inherent authority to dismiss a frivolous appeal)), or that subject matter jurisdiction is lacking, Ruhrgas AG v. Marathon Oil Co., 526 U.S. 574, 583 (1999).
discussed Cited as authority (rule) Chimbo-Toaponta v. Garland
2d Cir. · 2023 · confidence medium
Rather than determine if the petition is 1 Although this is the name that the agency used and the parties have not moved to correct it, the petitioner’s name is given as Juan Miguel Chimbo-Toapanta on his identity documents. 2 frivolous as required for summary denial, see Pillay v. INS, 45 F.3d 14, 17 (2d Cir. 1995), we construe the Government’s motion as its brief and deny the petition on the merits.
discussed Cited as authority (rule) Powell v. New York Housing Court
S.D.N.Y. · 2023 · confidence medium
Seventh Tenants Corp., 221 F.3d 362, 363-64 (2d Cir. 2000) (per curiam) (citing Pillay v. INS, 45 F.3d 14, 16-17 (2d Cir. 1995) (per curiam) (holding that Court of Appeals has inherent authority to dismiss frivolous appeal)), or that the Court lacks subject matter jurisdiction, Ruhrgas AG v. Marathon Oil Co., 526 U.S. 574, 583 (1999).
discussed Cited as authority (rule) Powell v. New York City Comptroller
S.D.N.Y. · 2023 · confidence medium
Seventh Tenants Corp., 221 F.3d 362, 363-64 (2d Cir. 2000) (per curiam) (citing Pillay v. INS, 45 F.3d 14, 16-17 (2d Cir. 1995) (per curiam) (holding that Court of Appeals has inherent authority to dismiss frivolous appeal)), or that the Court lacks subject matter jurisdiction, Ruhrgas AG v. Marathon Oil Co., 526 U.S. 574, 583 (1999).
discussed Cited as authority (rule) Grajales v. Eli Lilly and Company
S.D.N.Y. · 2023 · confidence medium
Seventh Tenants Corp., 221 F.3d 362, 363-64 (2d Cir. 2000) (per curiam) (citing Pillay v. INS, 45 F.3d 14, 16-17 (2d Cir. 1995) (per curiam) (holding that Court of Appeals has inherent authority to dismiss frivolous appeal)), or that the Court lacks subject matter jurisdiction, Ruhrgas AG v. Marathon Oil Co., 526 U.S. 574, 583 (1999).
discussed Cited as authority (rule) Virgo v. Irizarry
S.D.N.Y. · 2023 · confidence medium
Seventh Tenants Corp., 221 F.3d 362, 363-64 (2d Cir. 2000) (per curiam) (citing Pillay v. INS, 45 F.3d 14, 16-17 (2d Cir. 1995) (per curiam) (holding that Court of Appeals has inherent authority to dismiss frivolous appeal)), or that the Court lacks subject matter jurisdiction, Rurgas AG v. Marathon Oil Co., 526 U.S. 574, 583 (1999).
discussed Cited as authority (rule) Singh v. Garland
2d Cir. · 2023 · confidence medium
Rather than determine if the petition is frivolous as is 21 required for summary denial, see Pillay v. INS, 45 F.3d 14, 17 (2d Cir. 1995), we 22 construe the Government’s motion as its brief and deny the petition on the merits. 2 1 We have reviewed the IJ’s decision as supplemented by the BIA.
discussed Cited as authority (rule) Burroughs v. Westchester Supreme Court
S.D.N.Y. · 2023 · confidence medium
Seventh Tenants Corp., 221 F.3d 362, 363-64 (2d Cir. 2000) (per curiam) (citing Pillay v. INS, 45 F.3d 14, 16-17 (2d Cir. 1995) (per curiam) (holding that Court of Appeals has inherent authority to dismiss frivolous appeal)), or that the Court lacks subject matter jurisdiction, Ruhrgas AG v. Marathon Oil Co., 526 U.S. 574, 583 (1999).1 The Court also may dismiss an action for failure to state a claim, “so long as the plaintiff is given notice and an opportunity to be heard.” Wachtler v. County of Herkimer, 35 F.3d 77, 82 (2d Cir. 1994) (citation and internal quotation marks omitted).
discussed Cited as authority (rule) Whittingham v. Tress
S.D.N.Y. · 2023 · confidence medium
Seventh Tenants Corp., 221 F.3d 362, 363-64 (2d Cir. 2000) (per curiam) (citing Pillay v. INS, 45 F.3d 14, 16-17 (2d Cir. 1995) (per curiam) (holding that Court of Appeals has inherent authority to dismiss frivolous appeal)), or that the Court lacks subject matter jurisdiction, Ruhrgas AG v. Marathon Oil Co., 526 U.S. 574, 583 (1999).
discussed Cited as authority (rule) Tagger v. The Strauss Group Israel
S.D.N.Y. · 2023 · confidence medium
Seventh Tenants Corp., 221 F.3d 362, 363-64 (2d Cir. 2000) (per curiam) (citing Pillay v. INS, 45 F.3d 14, 16-17 (2d Cir. 1995) (per curiam) (holding that Court of Appeals has inherent authority to dismiss frivolous appeal)), or that the Court lacks subject matter jurisdiction, Ruhrgas AG v. Marathon Oil Co., 526 U.S. 574, 583 (1999).
discussed Cited as authority (rule) Weir v. United States Citizenship and Immigration Service
E.D.N.Y · 2023 · confidence medium
Relatedly, an agency abuses its discretion when it issues a decision “made without a rational explanation,” or “inexplicably” departs from its own “established policies.” Pillay v. I.N.S., 45 F.3d 14, 17 (2d Cir. 1995) (per curiam).
discussed Cited as authority (rule) Munroe v. Aetna Medicare
S.D.N.Y. · 2023 · confidence medium
Seventh Tenants Corp., 221 F.3d 362, 363-64 (2d Cir. 2000) (per curiam) (citing Pillay v. INS, 45 F.3d 14, 16-17 (2d Cir. 1995) (per curiam) (holding that Court of Appeals has inherent authority to dismiss frivolous appeal)), or that the Court lacks subject matter jurisdiction, Ruhrgas AG v. Marathon Oil Co., 526 U.S. 574, 583 (1999).
discussed Cited as authority (rule) Ahmed v. Schumer
S.D.N.Y. · 2023 · confidence medium
Seventh Tenants Corp., 221 F.3d 362, 363-64 (2d Cir. 2000) (per curiam) (citing Pillay v. INS, 45 F.3d 14, 16-17 (2d Cir. 1995) (per curiam) (holding that Court of Appeals has inherent authority to dismiss frivolous appeal)), or that the Court lacks subject matter jurisdiction, Ruhrgas AG v. Marathon Oil Co., 526 U.S. 574, 583 (1999).
discussed Cited as authority (rule) Manley v. State of New York
S.D.N.Y. · 2023 · confidence medium
Seventh Tenants Corp., 221 F.3d 362, 363-64 (2d Cir. 2000) (per curiam) (citing Pillay v. INS, 45 F.3d 14, 16-17 (2d Cir. 1995) (per curiam) (holding that Court of Appeals has inherent authority to dismiss frivolous appeal)), or that the Court lacks subject matter jurisdiction, Ruhrgas AG v. Marathon Oil Co., 526 U.S. 574, 583 (1999).
discussed Cited as authority (rule) Rashid v. Murray
S.D.N.Y. · 2023 · confidence medium
Seventh Tenants Corp., 221 F.3d 362, 363-64 (2d Cir. 2000) (per curiam) (citing Pillay v. INS, 45 F.3d 14, 16-17 (2d Cir. 1995) (per curiam) (holding that Court of Appeals has inherent authority to dismiss frivolous appeal)), or that the Court lacks subject matter jurisdiction, Ruhrgas AG v. Marathon Oil Co., 526 U.S. 574, 583 (1999).
discussed Cited as authority (rule) Fontil v. Abrams
S.D.N.Y. · 2023 · confidence medium
Seventh Tenants Corp., 221 F.3d 362, 363-64 (2d Cir. 2000) (per curiam) (citing Pillay v. INS, 45 F.3d 14, 16-17 (2d Cir. 1995) (per curiam) (holding that Court of Appeals has inherent authority to dismiss frivolous appeal)), or that the Court lacks subject matter jurisdiction, Ruhrgas AG v. Marathon Oil Co., 526 U.S. 574, 583 (1999).
discussed Cited as authority (rule) Madson v. Fato
S.D.N.Y. · 2023 · confidence medium
Seventh Tenants Corp., 221 F.3d 362, 363-64 (2d Cir. 2000) (per curiam) (citing Pillay v. INS, 45 F.3d 14, 16-17 (2d Cir. 1995) (per curiam) (holding that Court of Appeals has inherent authority to dismiss frivolous appeal)), or that the Court lacks subject matter jurisdiction, Ruhrgas AG v. Marathon Oil Co., 526 U.S. 574, 583 (1999).
discussed Cited as authority (rule) Zaerpour v. Bank of America Corporation
S.D.N.Y. · 2023 · confidence medium
Seventh Tenants Corp., 221 F.3d 362, 363-64 (2d Cir. 2000) (per curiam) (citing Pillay v. INS, 45 F.3d 14, 16-17 (2d Cir. 1995) (per curiam) (holding that Court of Appeals has inherent authority to dismiss frivolous appeal)).
discussed Cited as authority (rule) Mangahas v. Eight Oranges Inc.
S.D.N.Y. · 2023 · confidence medium
In Kim v. Lee, the Second Circuit stated that “[a] claim is frivolous if it is based on an ‘inarguable legal conclusion’ or ‘fanciful factual allegation.’” Kim v. Lee, 2023 WL 2317248 , at *3 (2d Cir. Mar. 2, 2023) (quoting Pillay v. INS, 45 F.3d 14, 16 (2d Cir. 1995)).
discussed Cited as authority (rule) Ezekwo v. Specialized Loan Servicing
S.D.N.Y. · 2023 · confidence medium
Seventh Tenants Corp., 221 F.3d 362, 363-64 (2d Cir. 2000) (per curiam) (citing Pillay v. INS, 45 F.3d 14, 16-17 (2d Cir. 1995) (per curiam) (holding that Court of Appeals has inherent authority to dismiss frivolous appeal)), or that the Court lacks subject matter jurisdiction, Ruhrgas AG v. Marathon Oil Co., 526 U.S. 574, 583 (1999).
discussed Cited as authority (rule) Davis v. Walker
S.D.N.Y. · 2023 · confidence medium
Seventh Tenants Corp., 221 F.3d 362, 363-64 (2d Cir. 2000) (per curiam) (citing Pillay v. INS, 45 F.3d 14, 16-17 (2d Cir. 1995) (per curiam) (holding that Court of Appeals has inherent authority to dismiss frivolous appeal)), or that the Court lacks subject matter jurisdiction, Ruhrgas AG v. Marathon Oil Co., 526 U.S. 574, 583 (1999).
Retrieving the full opinion text from the archive…
Joshua PILLAY, Petitioner,
v.
IMMIGRATION AND NATURALIZATION SERVICE, Respondent
Docket 94-4117.
Court of Appeals for the Second Circuit.
Jan 3, 1995.
45 F.3d 14
1995 U.S. App. LEXIS 105
1995 WL 4932
Joshua Pillay, pro se.
Mahoney, McLaughlin, Heaney.
Cited by 265 opinions  |  Published
PER CURIAM:

Joshua Pillay, pro se, has moved this court for the appointment of counsel in connection with his petition for review of a June 27, 1994 decision of the Board of Immigration Appeals (the “BIA”) that affirmed the decision of an immigration judge who denied Pillay’s application for relief from deportation pursuant to § 212(c) of the Immigration and Nationality Act (the “INA”), 8 U.S.C. § 1182(c). Pillay had been convicted in the Supreme Court of the State of New York of six counts of robbery in the first degree and two counts of attempted robbery in the first degree, thus authorizing his deportation under INA § 241(a)(4), now codified at 8 U.S.C. § 1251(a)(2)(A)(ii). Pillay was represented by counsel during his deportation proceedings before the immigration judge and his subsequent appeal to the BIA.

This motion poses two issues. The first is whether an appellant who has paid the required fee in connection with filing an appeal or petition for review may ask the court to assign counsel without having complied with 28 U.S.C. § 1915(a), which requires the provision of an affidavit of indigence in order to proceed in forma pauperis. The second is whether this court has the inherent authority to dismiss an appeal that it finds to be frivolous. As to the first issue, a closely related question (the application of an appellant who has not complied with § 1915(a) for a free trial transcript) is now being briefed for decision by another panel of this court, and the issue is moot in this case in any event because of our dismissal of Pillay’s appeal as frivolous, as detailed below.

The question of dismissal of an appeal as frivolous ordinarily arises in the context of 28 U.S.C. § 1915(d). This provision authorizes federal courts to dismiss a claim filed in forma pauperis “if the allegation of poverty is untrue, or if satisfied that the action is frivolous or malicious.” In Neitzke v. Williams, 490 U.S. 319, 109 S.Ct. 1827, 104 L.Ed.2d 338 (1989), the Supreme Court[*16] unanimously set the standard for dismissal of an appeal as frivolous within the meaning of § 1915(d):

The Courts of Appeals have, quite correctly in our view, generally adopted as formulae for evaluating frivolousness under § 1915(d) close variánts of the definition of legal frivolousness which we articulated in the Sixth Amendment case of Anders v. California, 386 U.S. 738[, 87 S.Ct. 1396, 18 L.Ed.2d 493] (1967). There, we stated that an appeal on a matter of law is frivolous where “[none] of the legal points [are] arguable on their merits.” Id., at 744[, 87 S.Ct. at 1400]. By logical extension, a complaint, .containing as it does both factual allegations and legal conclusions, is frivolous where it lacks an arguable basis either in law or in fact. As the Courts of Appeals have recognized, § 1915(d)’s term “fiivolous,” when applied to a complaint, embraces not only the inarguable legal conclusion, but also the fanciful factual allegation.

490 U.S. at 325, 109 S.Ct. at 1831 (alterations in Neitzke, footnote omitted); see also Denton v. Hernandez, — U.S. -, -, 112 S.Ct. 1728, 1733, 118 L.Ed.2d 340 (1992) (in determining whether claim is “frivolous” within meaning of § 1915(d), court not bound, as it usually is when making determination based solely on pleadings, to accept without question truth of in forma pauperis plaintiffs allegations).

Pillay, although unrepresented, has not proceeded informa pauperis in pursuing his petition for review, having paid the normal filing fee required by our rules. See 2d Cir.R. § 0.17(1). Accordingly, § 1915(d) is not applicable to this appeal, and we may not rely upon it as a basis to dismiss Pillay’s appeal. In addition, although Fed.R.App.P. 38 permits the award of damages to an ap-pellee in the case of a frivolous appeal, it does not authorize the dismissal of a fiivolous appeal.

We must therefore address the question whether, in the absence of the statutory authority provided by § 1915(d), we have inherent authority to dismiss an appeal as frivolous. We write on a spare, but not clean, slate. The Supreme Court has stated in dictum: “Section 1915(d) ... authorizes courts to dismiss a ‘fiivolous or malicious’ action, but there is little doubt they would have power to do so even in the absence of this statutory provision.” Mallard v. United States Dist. Court, 490 U.S. 296, 307-08, 109 S.Ct. 1814, 1821, 104 L.Ed.2d 318 (1989). Similarly, in United States v. Fay, 247 F.2d 662 (2d Cir.1957) (in banc), we said in dictum:

[N]either an indigent defendant nor one possessing the necessary means to pay filing fees, employ an attorney and print his briefs and appendix has any right to require us to entertain a frivolous appeal. In either case this Court has power, on motion by the adverse party or suo motu, to dismiss such an appeal.

Id. at 665 n. 2; see also Coppedge v. United States, 369 U.S. 438, 447, 82 S.Ct. 917, 922, 8 L.Ed.2d 21 (1962) (noting that Fed.R.Crim.P. 39(a), since abrogated, authorized dismissal of fiivolous appeal brought by nonindigent appellant) (quoting Ellis v. United States, 356 U.S. 674, 675, 78 S.Ct. 974, 975, 2 L.Ed.2d 1060 (1958) (per curiam)). [1]

We note in addition that no specific statutory authority authorizes this court’s summary affirmance of criminal convictions in Anders cases. The primary focus of Anders appeals has been to ensure that an attorney who seeks to be relieved on the basis that any issues that might be raised on appeal would be “wholly frivolous” and not “arguable on their merits,” Anders v. California, 386 U.S. 738, 744, 87 S.Ct. 1396, 1400, 18 L.Ed.2d 493 (1967), has made a thorough analysis of his client’s ease in reaching this conclusion. When satisfied that this has occurred, however, we routinely grant the government’s motion for summary affirmance, without full briefing or oral argument. In substance, the granting of motions for sum[*17] mary affirmance in Anders cases is not significantly distinguishable from dismissal of appeals as frivolous, as the Supreme Court recognized in the passage quoted supra from Neitzke.

As a matter of policy, finally, appellate courts certainly have the inherent authority to allocate scarce judicial resources among the petitions and appeals that press for them attention, and such allocations become especially necessary in this era of burgeoning appellate dockets. We recognize, in this context as in others, the need to exercise this authority with care and discrimination to ensure that nonfrivolous claims are fully considered and fairly decided. In this connection, we caution the bar that overreaching attempts to dismiss appeals as frivolous, like excessively zealous claims that adversary counsel should be sanctioned, will not be accorded a friendly reception by this court.

Having articulated these caveats, we now conclude, and hold, that this court has inherent authority, wholly aside from any statutory warrant, to dismiss an appeal or petition for review as frivolous when the appeal or petition presents no arguably meritorious issue for our consideration. [2] The applicable standards are the same as those articulated by the Supreme Court in Neitzke and Denton for dismissal of appeals pursuant to § 1915(d).

We proceed to apply this rule to Pillay’s petition for review, and conclude that his petition is frivolous. We reach this conclusion on the basis of the scope of Pillay’s criminal conduct, six robberies and two attempted robberies, and the very broad discretion vested in the BIA with respect to discretionary waivers of deportation pursuant to INA § 212(c). See Zaluski v. INS, 37 F.3d 72, 74 (2d Cir.1994) (per curiam) (‘We will only find an abuse of discretion where the decision was ‘made without a rational explanation, inexplicably departed from established policies, or rested on an impermissible basis such as an invidious discrimination against a particular race or group.’ ”) (quoting Arango-Aradondo v. INS, 13 F.3d 610, 613 (2d Cir.1994) (prior citation for quotation omitted)). Having considered Pillay’s evidence and counseled arguments, the BIA concluded that “a waiver - of inadmissibility under section 212(c) of the Act is not merited as a matter of discretion.” In our view, Pillay can advance no plausible argument that the BIA abused its broad discretion in reaching this conclusion on the record that was presented to it.

We accordingly dismiss Pillay’s petition for review as frivolous, and deny his motion for appointment of counsel as moot.

1

. Rule 39(a) provided that “[t]he appellate court may at any time entertain a motion to dismiss the appeal.” An advisory committee note states that Rule 39 has been “abrogated since the provisions of the rule are transferred to and covered by the Federal Rules of Appellate Procedure,” Fed.R.Crim.P. 39 advisory committee's note, but the latter rules contain no explicit counterpart to the quoted provision of Rule 39.

2

. This opinion was circulated to the active members of the court prior to filing.