Gomez-Chavez v. Perryman’s Empirical Analysis
308 F.3d 796 · 2002
Citation profile
34 federal appellate · 2 district ·
How this case has been cited
Cited by 51 later decisions (1 by the Supreme Court) — most recently February 2024 · most notably Morales-Izquierdo v. Gonzales (2007), Padilla v. Ashcroft (2003)
34 federal appellate · 2 district ·
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.
Appellate journey
Relationships
Applies 28 U.S.C. § 2241 (Antiterrorism and Effective Death Penalty Act of 1996) · 28 U.S.C. § 2347 · 8 U.S.C. § 1182 (§ 212 of the Immigration and Nationality Act of 1952 (McCarran-Walter)) · 8 U.S.C. § 1225 (§ 235 of the Immigration and Nationality Act of 1952 (McCarran-Walter)) · 8 U.S.C. § 1231 (§ 241 of the Immigration and Nationality Act of 1952 (McCarran-Walter)) · 8 U.S.C. § 1252 (§ 242 of the Immigration and Nationality Act of 1952 (McCarran-Walter))
Relies on Mathews v. Eldridge · Immigration and Naturalization Service v. Enrico St Cyr · Plyler v. Doe · Janet Reno, Attorney General v. American-Arab Anti-Discrimination Committee et al. · Shaughnessy v. United States Ex Rel. Mezei
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 51 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Although § 1252(g) bars Gomez-Chavez from obtaining an order commanding the INS to adjust his status or precluding his removal, this does not mean that the courts have ceased to exist for cases in which a true miscarriage of justice may be occurring. LaGuerre v. Reno, 164 F.3d at 1040 . For example, the Supreme Court held in INS v. St. Cyr, 533 U.S. 289 , 121 S.Ct. 2271 , 150 L.Ed.2d 347 (2001), that the district courts continue to have jurisdiction under 28 U.S.C. § 2241 to entertain habeas corpus petitions based on pure questions of law. Furthermore, the observation in this court’s decision in Yang v. INS, 109 F.3d 1185 (7th Cir.1997), remains true: the review-preclusion provisions in the 1996 amendments to the immigration laws do not preclude the court of appeals from determining whether the alien is being removed for a permissible reason. Thus, the agency does not have the “final say on constitutional matters”; instead, that power rests with the courts. Singh [v. Reno, 182 F.3d 504, 510 (7th Cir.1999) ].”
2 later decisions quote this exact passage · from the majority“[a]n alien attempting to achieve judicial review of such discretionary measures may not avoid the 1252(g) bar by the simple expedient of re characterizing a claim as one challenging a refusal to act.”
2 later decisions quote this exact passage · from the majority“) (internal quotation marks and citations omitted). Section 1252(g) states: 48 Except as provided in this section and notwithstanding any other provision of law, no court shall have jurisdiction to hear any cause or claim by or on behalf of any alien arising from the decision or action by the Attorney General to commence proceedings, adjudicate cases, or execute removal orders against any alien under this Act. 49 In AAADC, the Supreme Court rejected "the unexamined assumption that § 1252(g) covers the universe of deportation claims—that it is a sort of `zipper' clause that says `no judicial review in deportation cases unless this section provides judicial review.'”
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.