Hernandez Lara v. Lyons’s Empirical Analysis
2021
Citation profile
Appellate journey
reviewedthe decision below (from New Hampshire District Court)
Relationships
Applies 18 U.S.C. § 3142 (Bail Reform Act of 1984) · 18 U.S.C. § 3161 (§ 101 of the Speedy Trial Act of 1974) · 18 U.S.C. § 758 (§ 108 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996) · 50 U.S.C. § 781 · 5 U.S.C. § 706 · 6 U.S.C. § 251 · 8 U.S.C. § 1226 (§ 236 of the Immigration and Nationality Act of 1952 (McCarran-Walter)) · 8 U.S.C. § 1227 (§ 237 of the Immigration and Nationality Act of 1952 (McCarran-Walter))
Relies on Mathews v. Eldridge · In the Matter of Samuel Winship · Motor Vehicle Manufacturers Association of United States Inc v. State Farm Mutual Automobile Insurance Company Consumer Alert · Santosky v. Kramer · Goldberg v. Kelly
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“). However, as we pointed out in Hernandez-Lara, framing the government interest in this way is somewhat misleading. The question is not whether the government has the power to detain noncitizens who may cause harm or flee while they await removal, but whether the Due Process Clause conditions the exercise of that power. In Hernandez-Lara, the issue was”
1 later decision quote this exact passage · from the majoritye.g. Reid v. Donelan“). Thus, the risk of error is offset to some degree by the fact that § 1226(c) detainees, as a class, may be more likely to present a flight risk or a danger to the community than other noncitizen detainees. Still, Congress's categorical presumption of dangerousness and flight risk for”
1 later decision quote this exact passage · from the concurrencee.g. Reid v. Donelan“[O]urs is a system in which even the most sensitive and critical exercises of power by the political branches can be constrained by the rights of the individual. In few instances are those constraints more necessary than when the government seeks to lock up individuals behind bars.”
1 later decision quote this exact passage · from the concurrencee.g. Reid v. Donelan
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.