317 F. Supp. 2d 1221 - Quezada-Bucio v. Ridge’s Empirical Analysis
2004
Citation profile
4 federal appellate · 5 district ·
Relationships
Applies 28 U.S.C. § 2241 (Antiterrorism and Effective Death Penalty Act of 1996) · 6 U.S.C. § 251 · 8 U.S.C. § 1101 (§ 101 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. § 1226 (§ 236 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 Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc. · Immigration & Naturalization Service v. Cardoza-Fonseca · Immigration and Naturalization Service v. Enrico St Cyr · United States v. Menasche · Immigration and Naturalization Service, v. Juan Anibal Aguirre-Aguirre
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 27 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[T]he clear language of the statute indicates that the mandatory detention of aliens “when” they are released requires that they be detained at the time of release. Thus, if Congress had intended for mandatory detention to apply to aliens at any time after they were released, it easily could have used the language “after the alien is released,” “regardless of when the alien is released,” or other words to that effect. Instead, Congress chose the word “when,” which connotes a much different meaning.”
2 later decisions quote this exact passage · from the majority“In explaining the various passages of IIRIRA, the legislature stated that mandatory detention was meant to apply “whenever such an alien is released from imprisonment, regardless of the circumstances of the release.” House Conf. Rpt. No. 104-828 at 210-11 (Sept. 24, 1996). Presumably, with that comment, the legislature was seeking to thwart arguments by aliens that because they were subject to parole or other community supervision they could not be taken into immediate immigration detention because that would result in a violation of their imposed conditions. The Court is not persuaded that the legislature was seeking to justify mandatory immigration custody many months or even years after an alien had been released from state custody.”
1 later decision quote this exact passage · from the majoritye.g. Saysana v. Gillen“The term “when” includes the characteristic of “immediacy,” referring in its primary conjunctive sense, to action or activity occurring “at the time that” or “as soon as” other action has ceased or begun. See 20 The Oxford English Dictionary 209 (2d ed. 1989); The American Heritage Dictionary of the English Language (4th ed. 2000)____Additionally, it would be contrary to the plain language of [ 8 U.S.C. § 1226 (c) ]’s command that the Attorney General take into immigration custody certain criminal aliens “when” those aliens are released from state custody to include those aliens who had “already” been released from state custody. Moreover, statutory language should not be construed in a way that renders a term surplusage.”
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.