24 I. & N. Dec. 62 - MONCADA’s Empirical Analysis
2007
Citation profile
5 federal appellate · 1 district ·
Relationships
Applies 18 U.S.C. § 1791 · 21 U.S.C. § 802 (§ 102 of the Controlled Substances Act) · 8 U.S.C. § 1101 (§ 101 of the Immigration and Nationality Act of 1952 (McCarran-Walter)) · 8 U.S.C. § 1160 (§ 210 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)) · 8 U.S.C. § 1251 (§ 241 of the Immigration and Nationality Act of 1952 (McCarran-Walter)) · 8 U.S.C. § 1254A (§ 244 of the Immigration and Nationality Act of 1952 (McCarran-Walter))
Relies on Apprendi v. New Jersey · Robinson v. Shell Oil Co. · Lamie v. United States Trustee · Food & Drug Administration v. Brown & Williamson Tobacco Corp. · Gustafson v. Alloyd Co.
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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[T]he most natural, common-sense reading of the personal-use exception, viewed in its statutory context, is that it is directed at ameliorating the potentially harsh immigration consequences of the least serious drug violations only-that is, those involving the simple possession of small amounts of marijuana.”
1 later decision quote this exact passage“The personal-use exception is not intended or understood by Congress to apply to offenses that are significantly more serious than simple possession by virtue of other statutory elements that greatly increase their severity.”
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.