Welch v. Reno’s Empirical Analysis
2000
Citation profile
4 federal appellate · 8 district ·
How this case has been cited
Cited by 20 later decisions — most recently September 2016
4 federal appellate · 8 district ·
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 28 U.S.C. § 2241 (Antiterrorism and Effective Death Penalty Act of 1996) · 8 U.S.C. § 1182 (§ 212 of the Immigration and Nationality Act of 1952 (McCarran-Walter)) · 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)) · 8 U.S.C. § 1229B (§ 240a of the Immigration and Nationality Act of 1952 (McCarran-Walter)) · 8 U.S.C. § 1231 (§ 241 of the Immigration and Nationality Act of 1952 (McCarran-Walter)) · 8 U.S.C. § 1251 (§ 241 of the Immigration and Nationality Act of 1952 (McCarran-Walter)) · 8 U.S.C. § 1252 (§ 242 of the Immigration and Nationality Act of 1952 (McCarran-Walter))
Relies on Califano v. Sanders · County of Sacramento v. Lewis · United States v. Salerno · Washington v. Glucksberg · Reno v. Flores
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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[A] distinction must be made between Congress’ power over substantive immigration laws and its power to legislate rules implementing those laws. “Congress’ broad authority over immigration has traditionally extended to decisions about what classes of aliens are admissible and deportable and under what circumstances.” ... Aliens challenging section 236(c) do not challenge Congress’ ability to detain or deport them based on their criminal history.... Rather, they challenge the implementation of that decision and Congress’ ability to indefinitely detain them, without any possibility of release on bond, pending administrative proceedings.”
1 later decision quote this exact passage · from the majority“violated Welch's substantive due process right, while detained pending judicial proceedings, to receive a bail hearing in which a judge would determine his flight risk and threat to the community.”
1 later decision quote this exact passage · from the majoritye.g. Welch v. Ashcroft“provide Welch with a bail hearing before an immigration judge.”
1 later decision quote this exact passage · from the majoritye.g. Welch v. Ashcroft
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.