M-S’s Empirical Analysis
1998
Citation profile
11 federal appellate ·
Relationships
Applies 8 U.S.C. § 1182 (§ 212 of the Immigration and Nationality Act of 1952 (McCarran-Walter)) · 8 U.S.C. § 1229A (§ 240 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)) · 8 U.S.C. § 1252B (§ 242b of the Immigration and Nationality Act of 1952 (McCarran-Walter)) · 8 U.S.C. § 1255 (§ 245 of the Immigration and Nationality Act of 1952 (McCarran-Walter)) · 8 U.S.C. § 1256 (§ 246 of the Immigration and Nationality Act of 1952 (McCarran-Walter))
Relies on Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc. · Immigration & Naturalization Service v. Cardoza-Fonseca · Pilot Life Insurance v. Dedeaux · United Sav. Assn. of Tex. v. Timbers of Inwood Forest Associates, Ltd. · Immigration & Naturalization Service v. Doherty
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 74 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Any alien against whom a final order of removal is entered in absentia under this subsection and who ... was provided oral notice, either in the alien’s native language or in another language the alien understands, of the time and place of the proceedings and of the consequences ... of failing, other than because of exceptional circumstances ... to attend a proceeding under this section, shall not be eligible for relief under [8 U.S.C. §§ 1229b, 1229c, 1255, 1258, or 1259] for a period of 10 years after the date of the entry of the final order of removal.”
1 later decision quote this exact passagee.g. Grigous v. Gonzales“[Sjection [1229a(b)(7) ] specifies that if an alien fails to appear at a deportation hearing after receiving oral notice, in a language the alien understands, of the consequences of failing to appear, the alien is ineligible ... for the forms of relief from deportation listed in [§ 1229a(b)(7) ]. Conversely, if the oral warnings are not provided, relief is not precluded. To rule otherwise would render surplusage the requirement of [8 U.S.C. § 1229a(b)(7) ] that the oral warnings be given before the consequences ensue.”
1 later decision quote this exact passagee.g. Grigous v. Gonzales“where an alien is seeking previously unavailable relief and has not had an opportunity to present her application before the Immigration Judge, the Board will look to whether the alien has proffered sufficient evidence to indicate that there is a reasonable likelihood of success on the merits so as to make it worthwhile to develop the issues further at a full evidentiary hearing.”
1 later decision quote this exact passagee.g. Sharma 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.