Bosede v. Ashcroft’s Empirical Analysis
309 F.3d 441 · 2002
Citation profile
22 federal appellate ·
Relationships
Applies 28 U.S.C. § 2241 (Antiterrorism and Effective Death Penalty Act of 1996) · 8 U.S.C. § 1101 (§ 101 of the Immigration and Nationality Act of 1952 (McCarran-Walter)) · 8 U.S.C. § 1158 (§ 208 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. § 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 Immigration and Naturalization Service v. Enrico St Cyr · Immigration and Naturalization Service, v. Juan Anibal Aguirre-Aguirre · Deboris Calcano-Martinezs v. Immigration and Naturalization Service · Yang v. Immigration and Naturalization Service Terrazas-Garcia · Yousefi v. U.S. Immigration & Naturalization Service
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 33 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Bosede's claim is governed by the rules of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub.L. No. 104-208, 110 Stat. 3009 (Sept. 30, 1996). Before proceeding to the merits we address the INS's contention that we do not have jurisdiction to hear Bosede's appeal because Bosede is removable as a criminal alien. 8 U.S.C. § 1252 (a)(2)(C) ("[N]o court shall have jurisdiction to review any final order of removal against an alien who is removable by reason of having committed a criminal offense....”). Although the INS has accurately quoted the statute, matters are more complex than it is willing to admit. At a minimum, this court retains jurisdiction to determine its own jurisdiction. Flores-Leon v. INS, 272 F.3d 433, 437 (7th Cir.2001). We have held before on a number of occasions that the review-preclusion provisions in the 1996 amendments to the immigration laws do not prevent us from determining whether the alien is being removed for a permissible reason. Sandoval v. INS, 240 F.3d 577, 580 (7th Cir.2001); Yang v. INS, 109 F.3d 1185, 1192 (7th Cir.1997). Under the Supreme Court's decisions in Calcano-Martinez v. INS, 533 U.S. 348 , 121 S.Ct. 2268 , 150 L.Ed.2d 392 (2001), and INS v. St. Cyr, 533 U.S. 289 , 121 S.Ct. 2271 , 150 L.Ed.2d 347 (2001), it is also clear that Bosede may not raise other constitutional or statutory challenges in a direct review petition, but that habeas corpus under 28 U.S.C. § 2241 remains available for some such clai”
4 later decisions quote this exact passage · from the majority“[t]his is the kind of argument Bosede must submit first to the agency ...”
2 later decisions quote this exact passage · from the majority“may well have been prejudiced by the IJ and BIA determinations that he committed a `particularly serious crime' . . . [, but] he must present the facts that underlie his claim to the agency before this court can do anything”
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.