Jobson v. Ashcroft’s Empirical Analysis
326 F.3d 367 · 2003
Citation profile
46 federal appellate · 4 district ·
How this case has been cited
Cited by 67 later decisions (2 by the Supreme Court) — most recently May 2020 · most notably 134 S. Ct. 1405 - United States v. Castleman (2014), Fernandez-Ruiz v. Gonzales (2006)
46 federal appellate · 4 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.
Relationships
Applies 18 U.S.C. § 16 · 8 U.S.C. § 1101 (§ 101 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. § 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 and Naturalization Service v. Enrico St Cyr · Fong Haw Tan v. Phelan · United States of America v. Moises Chapa-Garza · United States v. Parson
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 67 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(a) an offense that has as an element the use, attempted use, or threatened use of physical force against the person or property of another, or (b) any other offense that is a felony and that, by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense.”
4 later decisions quote this exact passage · from the majority“the defendant's likely use of violent force as a means to an end.”
2 later decisions quote this exact passage · from the dissent“Through § 16(b), Congress sought to classify as crimes of violence felonies that, by their nature, involve a substantial risk that physical force against the person or property of another may be used. It did not require that felonies have as an element of the offense the use of force. But when Congress considered which misdemeanors should be deemed crimes of violence [under § 16(a) ], and thus aggravated felonies under the INA, it chose a materially different definition. Namely, as discussed above, Congress elected to reach only those misdemeanors that have as an element the use of force against the person or property of another. Through this structure, Congress chose to apply a less restrictive definition of crime of violence to felonies than to misdemeanors”
1 later decision quote this exact passage · from the dissent
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.