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← 321 FSUPP3D 496 - Dryden v. Green

Dryden v. Green’s Empirical Analysis

2018

Citation profile

5
cited by 5 later decisions
July 2019
most recently cited

4 district ·

Relationships

Applies 28 U.S.C. § 2241 (Antiterrorism and Effective Death Penalty Act of 1996) · 8 U.S.C. § 1226 (§ 236 of the Immigration and Nationality Act of 1952 (McCarran-Walter))

Relies on Spencer v. Kemna · State Farm Mutual Automobile Insurance v. Campbell · Braden v. 30th Judicial Circuit Court of Kentucky · Maleng v. Cook · Zadvydas v. Davis

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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “beginning sometime after the six-month timeframe [upheld by the Supreme Court in Demore v. Kim , 538 U.S. 510 , 532-33, 123 S.Ct. 1708 , 155 L.Ed.2d 724 (2003),] and certainly by the time [the petitioner] had been detained for one year, the burdens to [the petitioner's] liberties [will outweigh] any justification for using presumptions to detain him without bond to further the goals of the statute.”
    1 later decision quote this exact passage · from the majority
  2. “contain[ ] an implicit limitation of reasonableness: the statute authorizes only mandatory detention that is reasonable in length [and the statute] yields to the constitutional requirement that there be a further, individualized, inquiry into whether continued detention is necessary to carry out the statute's purpose”
    1 later decision quote this exact passage · from the majority
  3. “If Petitioner's detention has not become so unreasonable or arbitrary that continued application of the statute is unconstitutional as applied to Petitioner, § 1226(c) authorizes his continued detention until a final order of removal is entered and Petitioner would not be entitled to relief.”
    1 later decision quote this exact passage · from the concurrence

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.