24 I. & N. Dec. 373 - LEMUS’s Empirical Analysis
2007
Citation profile
6 federal appellate ·
Relationships
Applies 8 U.S.C. § 1153 (§ 203 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. § 1229C (§ 240b of the Immigration and Nationality Act of 1952 (McCarran-Walter)) · 8 U.S.C. § 1254 (§ 244 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))
Relies on National Cable & Telecommunications Assn. v. Brand X Internet Services · Brotherhood of Railroad Trainmen v. Baltimore & Ohio Railroad · United States Department of Treasury v. Fabe · Cervantes-Ascencio v. United States Immigration & Naturalization Service · Acosta v. Gonzales
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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“no reason to distinguish between aliens who are inadmissible under [§ 1182](a)(9)(C)(i)(I) of the Act for making or attempting to make an illegal reentry into the United States following a prior period of more than 1 year of unlawful presence, and aliens who, like the respondent, accrued more than 1 year of unlawful presence, illegally reentered the country, and then sought admission through adjustment of [status] within the United States. As we stated in Matter of Briones , the plain language of [§ 1255](i)(2)(A) of the Act unambiguously requires an applicant for adjustment of status to prove that he is ‘admissible to the United States for permanent residence.’ Aliens who are inadmissible under [§ 1182](a)(9)(B)(i)(II) of the Act necessarily fail to meet that requirement, absent an available waiver.”
1 later decision quote this exact passage“(a) Classes of aliens ineligible for visas or admission Except as otherwise provided in this chapter, aliens who are inadmissible under the following paragraphs are ineligible to receive visas and ineligible to be admitted to the United States: (9) Aliens previously removed * * * (B) Aliens unlawfully present (i) In general Any alien (other than an alien lawfully admitted for permanent residence) who— (II) has been unlawfully present in the United States for one year or more, and who again seeks admission within 10 years of the date of such alien’s departure or removal from the United States, is inadmissible.”
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.