In re Schmidt’s Empirical Analysis

Citation profile

3 federal appellate · 9 district ·

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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “It is urged that the certificate of arrival is merely a form of proof which the naturalization court has power to dispense with for cause. The uses served by the certificate, the history of the provision, and its relation to other parts of the act show that this contention is unsound. Section 1 requires that a registry be made of certain facts concerning each alien arriving in the United States; and that “a certificate of such registry with the particulars thereof” be granted to each alien. Section 5 requires clerks of court to give public notice of each petition for naturalization filed. Section 6 prohibits courts from taking final action upon any petition until 90 days after such notice has been given. That period is provided so that the examiners of the Bureau of Naturalization and others may have opportunity for adequately investigating whether reasons exist for denial of the petition-The certificate of arrival is the natural starting point for this investigation. It aids in ascertaining (a) whether the petitioner was within any of the classes of aliens who are excluded from admission by sections 2 and 38 of the Immigration Act of February 20, 1907 ( 34 Stat. 898 ) ; (b) whether he is among those who are excluded from naturalization under section 7 of the Naturalization Act for political beliefs or practices; (c) whether he is tlie same person whose declaration of intention to become a citizen is also attached to the petition under section 4, subdivision second; (d) wheth”

   1 later decision quote this exact passage · from the majority
   e.g. Ex parte Eberhardt

2. ““It does not seem to us that the naturalization laws and the immigration laws are so interdependent that, because an alien has entered this country in violation of the immigration laws, he should not be admitted to citizenship by virtue of the naturalization laws after the proper judicial action contemplated by the latter has been had. The immigration laws by their provisions recognize that immigrants come to the United States other than through a port of entry or in the regular channel provided by said laws and the general rules of the department. This is plain from the provision that within a period of three years they may be deported. That a man may have come into this country in violation of the immigration laws is a fact perhaps to be considered by the court in reaching the conclusions required before the alien may be admitted to citizenship; but it is not a ground for his exclusion. from citizenship, else it would have been so provided in the acts of Congress.” ,”

   1 later decision quote this exact passage · from the majority
   e.g. In re Linklater

3. “At the time of' filing his petition there shall bo filed with the clerk of the court a certificate from the Department of Labor, if the petitioner arrives in the United States after the passage of this act [that is, on and after June 29, 1908], stating the date, place, and manner of his arrival in the United States, * * which certificate * * * shall he attached to and made a part of said petition.”

   1 later decision quote this exact passage · from the majority
   e.g. Ex parte Eberhardt