The following excerpt is from Orellana v. Mayorkas, 20-16092 (9th Cir. 2021):
To survive a motion to dismiss a complaint in district court, a person challenging the denial of an application for naturalization must file a complaint that alleges "enough facts to state a claim to relief that is plausible on its face." See Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007). Said otherwise, the allegations in the complaint must "plausibly give rise to an entitlement to relief." Ashcroft v. Iqbal, 556 U.S. 662, 679 (2009). If an applicant is held to lack good moral character because of a conviction under 8 U.S.C. 1101(a)(43), the applicant's complaint must set forth plausible allegations that, if true, would carry the burden of proving that the state conviction was not disqualifying. "The plausibility standard . . . asks for more than a sheer possibility that" plaintiffs are entitled to relief. Id. at 678. "Where a complaint pleads facts that are merely consistent with [plaintiffs' theories], it stops short of the line between possibility and plausibility of entitlement to relief." Id. (cleaned up).
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