20 F. Supp. 2d 1062 - Olvera v. Reno’s Empirical Analysis
1998
Citation profile
3 district ·
Relationships
Applies 28 U.S.C. § 2241 (Antiterrorism and Effective Death Penalty Act of 1996) · 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996) · 8 U.S.C. § 1105A (§ 106 of the Immigration and Nationality Act of 1952 (McCarran-Walter)) · 8 U.S.C. § 1182 (§ 212 of the Immigration and Nationality Act of 1952 (McCarran-Walter)) · 8 U.S.C. § 1225 (§ 235 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. § 1229B (§ 240a 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))
Relies on McGowan v. State of Maryland Gallagher · Johnson v. Robison · Kleindienst v. Mandel · Felker v. Turpin · Landon v. Plasencia
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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The IIRIRA (§ 304(a), 110 Stat. 3009 , 3009-597) repealed § 212(c), as previously amended by the AEDPA, and consolidated deportation and exclusion proceedings into a single category, renaming both "removal” proceedings. 110 Stat. at 3009-587. As amended by the IIRIRA, INA § 212(c), 8 U.S.C. § 1182 (c), bars discretionary relief to criminal legal permanent residents in both exclusion and removal proceedings. This amendment eliminates any equal protection theory, since there are no longer two categories of aliens under the statute. It was certainly not irrational for Congress to provide the discretionary relief in § 1182(c) only to the narrow class of [non-criminal] aliens who, after residing legally in the United States for at least seven years, returned from a trip abroad only to wind up in exclusion proceedings. If any of the numerous grounds for exclusion appeared, even if the ground seemed minor when compared with the alien’s merits, immigration officials were required to institute exclusion proceedings. In contrast, a comparable resident alien who never left the United States was subject only to the narrower grounds for deportation, and had the procedural advantages of deportation proceedings. Moreover, deportation proceedings were instituted only after a deliberate decision of the INS. Congress may rationally have decided that deport-able aliens did not deserve any extra opportunity for administrative discretion.”
1 later decision quote this exact passage · from the majority“(a) Writs of habeas corpus may be granted by the Supreme Court, any justice thereof, the district courts and any circuit judge within their respective jurisdictions. The order of a circuit judge shall be entered in the records of the district court of the district wherein the restraint complained of is had. (b) The Supreme Court, any justice thereof, and any circuit judge may decline to entertain an application for a writ of habeas corpus and may transfer the application for hearing and determination to the district court having jurisdiction to entertain it. (c) The writ of habeas corpus shall not extend to a prisoner unless— (1) He is in custody under or by color of the authority of the United States ...; or (2) He is in custody for an act done or omitted in pursuance of an Act of Congress, or an order ... of a court or judge of the United States; or (3) He is in custody in violation of the Constitution or laws ... of the United Stales....”
1 later decision quote this exact passage · from the majority“Aliens lawfully admitted for permanent residence who temporarily proceeded abroad voluntarily and not under an order of deportation, and who are returning to a lawful unrelinquished domicile of seven consecutive years, may be admitted in the discretion of the Attorney General without regard to the provisions of subsection (a) of this section (other than paragraphs (3) and (9)(C)). Nothing contained in this subsection shall limit the authority of the Attorney General to exercise the discretion vested in him under section 1181(b) of this title. The first sentence of this subsection shall not apply to an alien who has been convicted of one or more aggravated felonies and has served for such felony or felonies a term of imprisonment of at least 5 years.”
1 later decision quote this exact passage · from the majority
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.