Public-domain · open source
OpenJurist
← 23 I. & N. Dec. 621 - PICKERING

23 I. & N. Dec. 621 - PICKERING’s Empirical Analysis

2003

Citation profile

92
cited by 92 later decisions
1
states following
August 2022
most recently cited

35 federal appellate · 2 district · 2 state decisions

How this case has been cited

Cited by 92 later decisions — most recently August 2022 · most notably Ali v. U.S. Attorney General (2006), Pllumi v. Attorney General of the United States (2011)

35 federal appellate · 2 district · 2 state decisions

510200320102020decided

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 8 U.S.C. § 1101 (§ 101 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 Luis Aquiles Herrera-Inirio v. Immigration and Naturalization Service · Renteria-Gonzalez v. Immigration & Naturalization Service · United States v. Campbell · Zaitona v. Immigration & Naturalization Service · John Doe v. Immigration and Naturalization Service

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

  1. “if a court with jurisdiction vacates a conviction based on a defect in the underlying criminal proceedings, the respondent no longer has a “conviction” within the meaning of section 101(a)(48)(A). If, however, a court vacates a conviction for reasons unrelated to the merits of the underlying criminal proceedings, the respondent remains “convicted” for immigration purposes.”
    5 later decisions quote this exact passage
  2. “The term “conviction” means, with respect to an alien, a formal judgment of guilt of the alien entered by a court or, if adjudication has been withheld, where (i) a judge or jury has found the alien guilty or the alien has entered a plea of guilty or nolo contendere or has admitted sufficient facts to warrant a finding of guilt, and (ii) the judge has ordered some form of punishment, penalty, or restraint on the alien’s liberty to be imposed.”
    1 later decision quote this exact passage
  3. “the law under which the [state] court issued its order and the terms of the order itself, as well as the reasons presented by the respondent in requesting that the court vacate the conviction.”
    1 later decision quote this exact passage

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.