Smith v. Ashcroft’s Empirical Analysis
295 F.3d 425 · 2002
Citation profile
44 federal appellate · 7 district · 1 state decisions
How this case has been cited
Cited by 87 later decisions — most recently September 2021 · most notably Yuen Jin v. Mukasey (2008), Bonhometre v. Gonzales (2005)
44 federal appellate · 7 district · 1 state decisions
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
Relies on Immigration and Naturalization Service v. Enrico St Cyr · Bousley v. United States · Spencer v. Kemna · Carafas v. J · Harper v. Virginia Department of Taxation
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 87 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[i]n Mendoza-Lopez , the question before the court was whether a defendant who was being criminally prosecuted for illegally reentering after lawful deportation could collaterally attack the prior deportation order.... It is an overly expansive, and in fact, an incorrect, reading of Mendoza-Lopez to suggest that the Constitution requires 'meaningful review' of any and all administrative procedures”
2 later decisions quote this exact passage · from the majority“is unmistakably affected by the legal implications of our decision,”
2 later decisions quote this exact passage“Our cases establish that where a determination made in an administrative proceeding is to play a critical role in the subsequent imposition of a criminal sanction, there must be some meaningful review of the administrative proceeding. This principle means at the very least that where the defects in an administrative proceeding foreclose judicial review of that proceeding, an alternative means of obtaining judicial review must be made available before the administrative order may be used to establish conclusively an element of a criminal offense. ... Depriving an alien of the right to have the disposition in a deportation hearing reviewed in a judicial forum requires, at a minimum, that review be made available in any subsequent proceeding in which the result of the deportation proceeding is used to establish an element of a criminal offense.”
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.