24 F. Supp. 2d 104 - Wallace v. Reno’s Empirical Analysis
1998
Citation profile
10 district · 2 state decisions
Relationships
Applies 8 U.S.C. § 1101 (§ 101 of the Immigration and Nationality Act of 1952 (McCarran-Walter)) · 8 U.S.C. § 1105 (§ 105 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. § 1227 (§ 237 of the Immigration and Nationality Act of 1952 (McCarran-Walter))
Relies on Landgraf v. USI Film Products · Weaver v. Graham · Miller v. Florida · Harisiades v. Shaughnessy · 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 32 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“While it is undeniable that immigration consequences may be a factor in a decision to plead guilty, this court is not convinced by Sandoval ... that the availability of discretionary relief under § 212(c) is the sole or even a significant motivating factor in decisions to enter guilty pleas. It is a stretch to assume a criminal defendant would forego a viable defense in order to enter a guilty plea to a crime that makes him subject to automatic deportation, simply for the opportunity to apply for discretionary relief.... The presumption against ret-roactivity ... affords no guarantee against upset expectations based in pri- or law... Rather, the question is whether § 440 attaches new legal consequences to ... criminal convictions.... [T]his court answers that question in the negative.”
1 later decision quote this exact passage · from the concurrence“Deportation, in the words of the Supreme Court, 'is ‘at times equivalent of banishment or exile.... ’ Perhaps nowhere outside of the criminal law are the consequences for the individual so serious. It may deprive the alien of ‘all that makes life worth living,’ including the ‘right to stay and live and work in this land of freedom,’ or the possibility of living with her immediate family, ‘a right that ranks high among the interests of the individual.’ [Citations omitted.]”
1 later decision quote this exact passage · from the concurrence“This section shall not apply to an alien who is deportable by reason of having committed any criminal offense covered in section 241(a)(2) (A) (iii) [aggravated felony], (B) [controlled substance offenses], (C) [firearms offenses], or (D) [offenses against national security], or any offense covered by section 241(a)(2)(A)(ii) for which both predicate offenses are covered by section 241(a)(2)(A)(i) [crimes of moral turpitude].”
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.