Lawson v. Gerlinski’s Empirical Analysis
2004
Citation profile
2 district ·
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. § 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))
Relies on Immigration and Naturalization Service v. Enrico St Cyr · Zadvydas v. Davis · Demore District Director San Francisco District of Immigration and Naturalization Service et al. v. Kim · Department of the Interior and Bureau of Indian Affairss v. Klamath Water Users Protective Association · Japanese Immigrant Case
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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Thus, the issue in those cases was whether the United States government affirmatively placed petitioners in danger by coercing or inducing them to provide intelligence information on drug traffickers in their countries of origin. In the instant case the petitioner was not asked to provide any information on individuals in his country of origin or to do anything else on behalf of or at the insistence of the government. Given this important factual difference, the court concludes that, at the very least, absent such conduct by the government, i.e., asking a petitioner to serve as an informant and to provide information that would put him or her at risk in his or her own country, the state created danger doctrine does not apply to a removal proceeding. Unlike the petitioners in Builes or Rosciano , the danger that potentially awaits petitioner in Ja,maica is not centered or enhanced by any request on the part of the United States government that petitioner act as a government informant or do anything else.”
1 later decision quote this exact passage
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.